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NEW DELHI: Delhi HC has taken a dim view of ED‘s move to rely on a six-year-old case to continue proceedings even though the FIR forming the basis of the case was closed. Justice Anish Dayal observed that despite being aware that the original FIR stood closed, ED’s was attempting to “somehow preserve the existing ECIR” and retain the coercive powers under PMLA with respect to search, seizure, freezing and attachment of properties of the petitioners.“The conduct of the ED in this regard is found wanting and raises serious concerns,” the high court observed in a recent judgement.ED’s ECIR, registered in Dec 2021, arose from an FIR registered by Economic Offences Wing (EOW) in Feb 2021 over a dispute between two factions of the family of the late Mahendra Prasad, a former MP. The issue pertained to share transfers and bank transactions by a faction of the family on the basis of forged signatures of Prasad’s wife.
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In Dec 2022, EOW, however, filed a cancellation report upon completion of the investigation, saying no offence was made out.However, in 2019, another FIR was registered alleging wrongful confinement of the ex-MP’s wife, removal of certain jewellery and offences under the Passports Act, which was cited by ED to carry on its PMLA probe.The court said an ECIR depended upon existence of a predicate offence, and therefore, any action taken by ED would come to an end on the closure of the FIR on the predicate offence.HC quashed all proceedings, including coercive action taken by ED, and directed it to restore status quo ante in favour of respective petitioners. TNN
