Early phase of the case
Dr Nowhera Shaik’s case gained everyone’s attention when well known businesswomen Dr.Nowhera Shaik got involved in the case. Later when the Telangana High Court granted her bail , this moment was celebrated as an initial victory by the supporters of Dr Nowhera Shaik and Heera Group. Not only the court granted bail but also made a huge decision by handing over the investigation to Serious Fraud Investigation Office (SFIO). The court also ordered other agencies like the ED to stop investigating upon Dr Nowhera Shaik case.
The decision was made so that their will be an unbiased investigation avoiding interference from other agencies that might complicate things in the case.
All about the petition filed on ED
The petition filed by Dr Nowhera Shaik clearly points how ED has been manipulating the case , and clearly not following the Supreme court’s order. Also petition states how ED has been taken controversial action on Dr Nowhera Shaik by seizing her properties , cash , assests and important documents. ED is also accused of doing Raid on Heera Group employees without the court’s concern on it.
ED’s ongoing action or can be said controversial actions has hindered the judicial justice. The petition aims to get justice Dr Nowhera Shaik has been kept away from justice te main reason can be the manipulation of case by ED. Clearly violating of court’s order can be seen. Legal steps should be taken upon ED contempt of court is not enough.
Supreme Court’s Order on Property
On March 28, 2023, the Supreme Court addressed investor claims and allowed the purchasers to deposit approximately Rs. 641 crores. The court ordered that, after the deposit, the ED’s attachment on the property would be lifted. However, the ED’s actions violated this order. The ED failed to prevent encroachment on the attached property, which was intended to repay investors.
ED’s Non-Compliance
Despite the court’s clear orders, the ED failed to transfer the investigation to the SFIO as told. Instead, it continued its investigation and filed an application before the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), without disclosing the December 23, 2019, judgment. This resulted in a provisional attachment order being confirmed on February 4, 2020.
The State of Telangana later challenged this judgment before the Supreme Court, which maintained that only the SFIO had jurisdiction over the investigation under Section 212(2) of the Companies Act, 2013.
Conclusion
The ED’s continuous failure to follow with court orders and its actions that contradict judicial orders resultsin a clear case of contempt. The petition seeks to address these violations by the court and ensure adherence to the legal rulings made by the Telangana High Court and the Supreme Court. There may have been a lack of coordination or communication between the ED and other investigative bodies, leading to actions that did not follow with court orders. Miscommunication or delays in implementing court order could contribute to such issues. Clearly not a cery good example of justice for the people of India.
Sometimes, different judicial bodies and their orders can overlap or conflict, leading to confusion or misalignment in implementing directives. The ED’s actions might reflect a misunderstanding or differing interpretation of overlapping judicial orders.