The contempt petition was filed by Dr Nowhera Shaik clearly stating about the non-compliance of ED. Enforcement Directorate (ED) stands accused of disobeying several court orders. In the long legal battle , their have been a series of legal court orders as well as legal actions and also controversial actions by the Enforcement Directorate (ED) leading to disobeying of the court and their orders. We will disccuss it below in simplified way.
Disobedience of ED and Controversial Actions
Mentioned earlier the ED continued to interfere, ignoring the Telangana High Court order. On August 16, 2019, the Enforcement Directorate (ED) issued a provisional attachment order against Dr.Nowhera Shaik. Instead of Obeying with the High Court’s instruction to transfer the investigation to the SFIO, the ED allegedly continued its own investigation and filed an application before the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), the ED did not disclose the High Court’s order, resulting in the Adjudicating Authority confirming that the attachment order on February 4, 2020 was without considering the High Court’s direction/order.
This Act of ED is considered a direct contempt of court, as it involved deliberate non-compliance with a court order.
The Supreme Court’s Intervention
The investigation turned when Telangana State challenged the High Court’s order before the Supreme Court. On March 16, 2020, the apex court restated that under Section 212(2) of the Companies Act, 2013, the investigation should be handed over to the SFIO, placing an restriction on other agencies, including the Enforcement Directorate (ED).
The Enforcement Directorate (ED) failed to fulfill to this directive as well. This failure led to further complications, with the ED reportedly issuing an eviction notice on May 17, 2024, demanding possession of property already under attachment. This action was allegedly contrary to a Supreme Court order from March 5, 2021, which had also emphasized the need for the ED to respect the court’s directives.
Series Of Court Orders & Legal Obligation
It start’s with the significant legal victory of Dr.Nowhera Shaik. On December 23, 2019 the Telangana High Court granted her bail and listed out specific instructions regarding the investigation of her case. The court also ordered that all the cases and investigation going on will be handed over to Serious Fraud Investigation Office (SFIO), and court strictly ordered the ED and other agencies to stay away from the case till any further instruction.
Now the case was handled by SFIO , and if any new cases were filed they were directly directed to the SFIO itself. Even after the strict order of court ED continued to come in between.
Controversial Raid and Seizure Of Properties
The Enforcement Directorate (ED) is also accused of conducting a raid on Dr.Nowhera Shaik’s properties and those of her associates also and even the the employees of Heera Group. This raid allegedly occurred despite the Supreme Court and Telangana High Court’s orders restricting other agencies from investigating the case. The ED’s actions reportedly involved the seizure of assets, cash, and documents, which Dr.Nowhera Shaik claims were in violation of the court orders and the provisions of the PMLA.
The Allegations of Contempt
The Enforcement Directorate’s actions in Dr. Nowhera Shaik’s case have raised serious allegations of contempt of court. The ED is accused of not obeying with the Telangana High Court’s and Supreme Court’s orders of directing the transfer of investigation to the SFIO and also for its own controversial steps. The ED continued its investigation, issued eviction notices, conducted raids, and seized assets despite court orders. The ED’s failure to prevent illegal encroachments on the attached property has worsened the situation, further obstructing the purpose of the case as directed by the Supreme Court.
Dr.Nowhera Shaik, who has been involved to these injustices, deserves a fair and impartial review of her case. Upholding the court’s original directives and holding the ED accountable for any misconduct is crucial to ensuring justice and restoring the integrity of the legal system.
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.