JUDGMENT :

The extra-ordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India is being sought to be invoked by means of these petitions which have been filed against certain actions by the Enforcement Directorate in exercise of powers under Section 5 of the Prevention of Money Laundering Act, 2002 (hereafter referred to as the Act).

2. In the first writ petition, WP(C)/3665/2017, there are four numbers of petitioners with the CMJ University and the CMJ Foundation as the petitioner nos. 1 and 2. The challenge in this petition is against a provisional attachment order dated 25.04.2017 issued under Section 5 (1) of the PMLA. In the prayer portion, apart from a prayer for setting aside the aforesaid order dated 25.04.2017, it has also been prayed for quashing the complaint lodged under Section 5 (5) of the Act.

3. In the second writ petition, there are 15 numbers of petitioners which includes the 4 petitioners in the earlier case. The challenge in this petition is with regard to the provisional attachment order dated 30.1.2011 issued under Section 5 (1) of the PMLA relating to ECIR No. 02/GWZO/PMLA/2014 dated 07.07.2014 and also against the original complaint No. OC 1591/2021. In this petition, while the petitioner nos. 1 and 2 are the CMJ University and the CMJ Foundation, the rest of the petitioners are either officers of the petitioner nos. 1 and 2 or are connected to the same.

4. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief. The reference to the petitioner numbers would, however, be in the context of the second writ petition.

5. The petitioner no.1-University came into being through a statute of the State of Meghalaya which was enacted in the year 2009 under the name, “CMJ University Act, 2009”. It is the projected case of the petitioners that the Board of Trustees of the CMJ Foundation vide resolution dated 29.07.2009 had appointed the petitioner no. 3 as the Chancellor and accordingly, the approval of the Visitor who was the Governor of the State was sought for. However, there were certain delay and accordingly, a deemed provision was invoked and it is claimed that on 17.06.2010, the University came to be fully established. It is further projected that the Board of Trustees had two members nominated by the State Government. It is further claimed that the University Grants Commission (UGC) vide communication dated 25.11.2010 had informed that the petitioner no. 1 was a State Private University and was empowered to award degrees under Section 22 of the UGC Act, 1956 through its main campus with the approval of the statutory Council.

6. On 04.04.2013, the Deputy Secretary to the Governor, State of Meghalaya had asked the petitioner-University to provide details regarding appointment of the Chancellor, Off-Campus Centres, details of the Ph.D degrees, and numbers of students admitted which, as per the petitioners were accordingly provided. However, vide a subsequent communication dated 11.04.2013, the Visitor informed that the appointment of the Chancellor of the University was irregular as it was not approved by the Visitor. Nonetheless, it has been claimed that vide communication dated 18.04.2013, the petitioner Foundation had informed the authority that the University has been conducting courses only through its main campus on regular basis. Thereafter, vide communication dated 22.04.2013, the University furnished the list of students who were awarded degree of M.Phil and Ph.D. However, a further letter was issued on 26.04.2013 seeking information regarding list of students enrolled in M.Phil programme, their addresses and date of enrollments and similar information with regard to Ph.D. It was specifically asked as to whether any Ph.D degree was awarded during the year 2010-2011.

7. It is projected that before