ED property seizure case: J&K High court dismisses petition of jailed Shabir Shah’s daughter

Srinagar: The J&K High Court has declined to give interim relief to younger daughter of jailed separatist leader Shabir Ahmed Shah in Enforcement Directorate’s (ED) seizing her property.
The ED had attached her property measuring 15 Marlas at Goripora, Barzulla in Budgam under Prevention of Money Laundering Act.
The court dismissed the petition on the ground that the mother of the petitioner has already challenged the notice before the appellate authority and as such indulgence of the court was not required.
The petitioner counsel SN Ratanpuri had argued before the court that the notice was received two days ago and the appellate authority is sitting in Delhi. As such it would take them some time to approach the authority and persuade it for passing interim orders of protection.
“Already one of the occupants of the property that is mother of the petitioner has already assailed and challenged the notice before the appellate authority and therefore submission made by petitioner counsel that some interim protection be provided to her till she approaches appellate authority is misconceived,” the court said.
The court, however, noted that the petitioner may either file an independent appeal or join her mother, as may be permissible in law but said it cannot indulge in extraordinary jurisdiction.
Sehar Shabir, daughter of Shabir Shah had filed a petition before Srinagar Wing of the High Court through advocate S N Ratanpuri stating that the notice dated September 24 was served upon her by the ED to vacate the property within ten days.
The petition states that the grievance of the petitioner is that under section 26 PMLA Act, she can file an appeal against the order of adjudicating officer within 45 days but the notice issued directed the petitioner to hand over the possession within 10 days from the date notice was received.
The petitioner who is the owner of 15 Marlas of land at Goripora, Budgam was part of 1 Kanal and 10 Marlas of land gifted to the petitioner and her elder sister by her aunt.

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