K.A. RAUF vs THE DEPUTY DIRECTOR ADJUDICATING AUTHORITY, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 46010

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
K.A. RAUF – Appellant
Versus
THE DEPUTY DIRECTOR ADJUDICATING AUTHORITY, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA – Respondent

Advocates:
For the Appellants/Petitioners: SMT.K.KRISHNA, SHRI.ACHYUTH MENON, SHRI.PADMANATHAN K.V., SRI.R.SREEJITH
For the Respondents: JAISHANKAR V NAIR

Table of Content
1. challenge to fema complaint based on delay. (Para 3)
2. arguments regarding jurisdiction and limitation. (Para 4 , 5)
3. court’s rationale on judicial intervention limits. (Para 6 , 7)

JUDGMENT Sushrut Arvind Dharmadhikari, J.

Heard on the question of admission.

2. The present intra-Court Appeal under Section 5 of the Kerala High Court Act 1958 assails the judgment dated 02.11.2024 passed in W.P.(C) No.20328/2024, whereby the writ petition filed by the appellant/petitioner has been dismissed.

3. In the writ petition, the appellant had challenged Ext.P2 complaint filed under Section 16 (3) of the Foreign Exchange Management Act 1999 (for short, ' FEMA ') and Ext.P2 notice requiring the appellant to show-cause as to why adjudication proceedings should not be initiated against him. The challenge was primarily based on the delay in initiating the proceedings and filing the complaint.

4. The learned Counsel for the appellant submitted that the learned Single Judge failed to consider that the provisions of FEMA would not apply to the appellant and initiation of the same is without any justification, arbitrary and illegal.

4.1 Further, it is submitted that the first and s

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