The Supreme Court on Wednesday asked the Ghaziabad court, which issued summons against journalist Rana Ayyub for January 27, to defer its hearing in a money laundering case lodged for misuse of Covid-19 relief fund.
A bench of Justices Krishna Murari and V Ramasubramanian noted that since it cannot consider the matter due to paucity of time, the Ghaziabad court should adjourn the hearing.
The court fixed Ayyub's writ petition for consideration on January 31.
Advocate Vrinda Grover, appearing for Ayyub, challenged the jurisdiction assumed by Ghaziabad court in the matter. The petitioner cannot be subjected to Uttar Pradesh jurisdiction, she claimed, seeking protection against any coercive action.
"How does Article 32 plea lie here? The jurisdictional High Court can look into this. Is the HC powerless to do it?" the bench asked the counsel.
"It is part of the record that Ghaziabad court is not a jurisdictional court. The court here is Mumbai. My liberty is at stake," Grover responded.
She further contended that there was no charge sheet, no arrest of petitioner. The petitioner is being dragged to Uttar Pradesh court, even though the investigation is by Delhi zonal office of the Enforcement Directorate.
She sought protection for four to six weeks if the petitioner is directed to approach the Allahabad High Court.
The Enforcement Directorate led by Solicitor General Tushar Mehta opposed the plea, contending crowdfunding has emerged as a new device by which money is being collected in guise of help for the down-trodden and the poor.
"Every citizen is equal in eyes of law. She may file an anticipatory bail application," he said. He also opposed the protection sought by her.
According to the investigators, Ayyub had launched the fund with the sole intention to cheat the general public and acquired proceeds of crime in form of fixed deposits and balances in bank accounts projecting them as untainted.
The ED had initiated its probe after an FIR was registered in September 2021 by the Indirapuram Police Station in Ghaziabad under provisions of the Indian Penal Code, Information Technology Amendment Act and Black Money Act against Ayyub. The investigators claimed she collected Rs 2.69 crore but used just Rs 29 lakh for relief works and utilised most of the amount for fixed deposits.