High Court junks Devas' plea against ED action

Agency had attached its property in Antrix-Devas scam

The High Court of Karnataka on Friday dismissed a petition filed by Devas Multimedia Private Limited which had challenged the Enforcement Directorate’s (ED) action of attaching its property.

ED had attached the property of Devas with regard to the multi-crore Antrix-Devas scam involving the Indian Space Research Organisation.

The scam related to Devas alone is worth around Rs 580 crore. The CBI is investigating into the scam.
Devas had moved the court challenging the act of ED attaching its property, exercising the amended provisions of the Prevention of Money Laundering Act, 2002, wherein a list of ‘scheduled offences’ was included in 2009.

The petitioner had contended that the list of scheduled offences was imposed retrospectively as the alleged offence was committed prior to the amendment, which is from the year 2006 onwards.
Justice B S Patil, dismissing the contentions of the petitioner, said that this is not a case where extraordinary jurisdiction of the high court under its writ jurisdiction can be exercised.

Ignoring the efficacious machinery provided under the Act, the court directed the petitioner to challenge their contentions before a competent authority.

The judge also dismissed another related petition with regard to the violation of FEMA regulations (Foreign Exchange Management Act, 1999).