Petitioners Couldn’t Demand Committal of Case of Scheduled Offence From Special Court to PMLA Court u/s 44 of PMLA | HC
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Case Details: Pankajini Sahu v. Joint Director, Enforcement Directorate, Goi - [2023] 154 taxmann.com 60 (HC-Orissa)
Judiciary and Counsel Details
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- R.K. Pattanaik, J.
- Pratik Dash, Adv. for the Petitioner.
- Bibekananda Nayak, Standing Counsel for the Respondent.
Facts of the Case
In the instant case, an FIR was lodged by the vigilance department against the petitioners under the Prevention of Corruption Act, 1988 and the IPC Act. Meanwhile summons under section 50 of the PMLA were issued to the petitioners by the PMLA Court for them to appear.
The petitioner filed an instant petition on the ground that the PMLA Court analogously tried complaint case with a pending case before the Special Judge (Vigilance) under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and section 109 IPC and submitted that the PMLA Authority did not move vigilance Court for committal of the case to the Special Court as required under section 44(1)(c) of the PMLA, 2002
Further, in the absence of such compliance, the proceeding before the PMLA Court and issuance of summons were not as per the law and, therefore, the impugned notices were liable to be quashed with consequential direction for transmission of the record in connection.
It was noted that no application was made by the Competent Authority under the PMLA for committal in the instant case.
High Court Held
The High Court observed that since section 44 of the PMLA does not make it mandatory for the committal of a case of scheduled offences to the PMLA Court, the petitioners could not demand such committal from the file of a Special Judge.
However, the PMLA Court should examine the plea of the petitioners applying its discretion and in the event found to be a fit case for committal might move a Special Judge, for a judicious decision in terms of section 44(1)(c) of the Act.
The High Court held that if an application is moved by a Competent Authority under PMLA after exercising discretion for committal of the case in view of section 44(1)(c) only in appropriate cases and in the interest of justice, in and under such circumstances the Special Court shall have to examine it and take a decision for committal of case to designated Court under PMLA and not otherwise.
List of Cases Referred to
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- Vijay Madanlal Choudhary v. Union of India [2022] 140 taxmann.com 610 (SC) (para 5).
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