High Court Seeks ED Reply on Punjab, GMADA Plea Against PUDA Bhawan Searchਪੁੱਡਾ ਭਵਨ ਦੀ ਤਲਾਸ਼ੀ 'ਤੇ ਪੰਜਾਬ ਤੇ ਗਮਾਡਾ ਦੀ ਪਟੀਸ਼ਨ: ਹਾਈ ਕੋਰਟ ਨੇ ਈਡੀ ਤੋਂ ਜਵਾਬ ਮੰਗਿਆ

The Punjab and Haryana High Court on Wednesday, October 7, sought a reply from the Centre and the Enforcement Directorate (ED) on a petition by the Punjab government and the Greater Mohali Area Development Authority (GMADA) challenging the ED's survey and search at PUDA Bhawan in Sector 62, Mohali, between September 22 and 24. A Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor fixed October 28 as the next date of hearing.

What does the petition say?

The petitioners allege that the operation lasted about 50 hours, floors of the building were sealed, more than 30 bags of records were taken away, and the computers and phones of senior officers were copied or cloned. They say the principal secretary and other senior officers stayed on the premises for two nights without lawful authority.

They have asked the court to quash the search and survey authorisations, order the return of the records and devices, and stop the ED from accessing or using the copied data. They also want a declaration that Sections 16 and 17 of the Prevention of Money Laundering Act (PMLA) give no power to seal the premises of a state statutory authority, and say officers responsible could face proceedings under Section 62 of the Act for a vexatious search.

Why did the ED search GMADA?

According to the petition, the ED's inquiry began from a CBI FIR over an alleged Rs 238-crore bank fraud involving promoters of Tirupati Infra Projects Pvt Ltd, in which funds were allegedly siphoned off for personal benefit. The petitioners say neither GMADA nor any of its officers is named as an accused in that FIR, and that no link has been shown between them and the alleged wrongdoing.

They argue that if the ED needed any GMADA records, the lawful route was to call for them rather than search and seal the offices.

What did the ED and the court say?

Appearing for GMADA and the state, senior advocate Vikram Chaudhri called it a case of blatant abuse of the PMLA and said senior officials were kept "detained for two nights", Bar & Bench reported. Additional Solicitor General Satya Pal Jain, for the Union, said the officers had themselves told a warrant officer appointed by the High Court that the ED had not detained them, and that "all things were done as per law". He also argued that GMADA has no standing to bring the challenge.

The Bench said it would give the ED time to respond and that the question of locus stays open. "At this juncture, we can only call for a reply," the Bench remarked. The ED had asked for two weeks, Punjabi Tribune reported, and the court directed a response within 15 days.

What happens next?

The ED and the Union must file their replies before the next hearing on October 28. Until then, the petitioners' demands for the return of the seized records and for a bar on using the copied data remain pending before the court.

What did the High Court order on the ED's GMADA search?

It issued notice to the ED and the Union of India on the Punjab government and GMADA petition, asked for a reply within about 15 days and listed the case for October 28.

How long did the ED search at PUDA Bhawan last?

The petition says about 50 hours, from September 22 to 24, with more than 30 bags of records taken away.

Is GMADA accused in the CBI case behind the search?

The petitioners say neither GMADA nor its officers are named as accused in the CBI FIR on the Rs 238-crore alleged bank fraud. The ED's counsel argued that GMADA has no right to challenge the search.