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JAIRAM RAMESH'S PETITION CHALLENGING TYE AMENDMENTS TO PREVENTION OF MONEY LAUNDERING ACT, 2002 DISMISSED BY DELHI HIGH COURT

Team SoOLEGAL 1 Mar 2019 11:29am

JAIRAM RAMESH'S PETITION CHALLENGING TYE AMENDMENTS TO PREVENTION OF MONEY LAUNDERING ACT, 2002 DISMISSED BY DELHI HIGH COURT

A petition was filled by MP Jairam Ramesh to challenge the amendments to the anti-money laundering law since 2015.
The petition was presented in front of CJ Rajendra Menon and Justice V Kameswar Rao. Senior Advocate P Chidambram, appearing for the petitioner, submitted that the scope of a Money Bill is limited to the matters specified within it. It does not extend to other matters. The purpose of enacting Prevention of Money Laundering Act, 2002 was to prevent any such act and confiscate the property derived from it.
The Court questioned as to why the Congress MP has filed the petition, meaning thereby, what interest does he has in the matter of petition. To this, the Counsel for the petitioner answered that the petitioner was unaware of these Bills being passed as Money Bills. He came to know about this when he was provided with full information on amendments under the RTI Act.
The Additional Solicitor General for Union of India, Maninder Acharya, contended that the petition is late in filling the petition as the matter dates back to 2015 , 2016 and 2018. Thus there was a delay on part of the petitioner and hence they should not be entertained.
The Delhi High Court confided with the ASG's view and held that there was a delay which could have been avoided.
Hence, the Petition was dismissed. sections 145, 146, 147, 148, 149, 150 and 151 of the Finance Act, 2015, Section 232 of the Finance Act, 2016 were set aside and Section 208 of the Finance Act, 2018 were declared as ultra vires.
While concluding, the bench stated
"We do not think that it is a case where this Court should exercise its extraordinary jurisdiction under Article 226 of the Constitution of India".

Tagged: JairamRamesh   PreventionOfMoneyLaunderingAct   Amendments   DelhiHighCourt   JusticeRajendraMenon   JusticeVKameswarRao  
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