Supreme Court Confirms Single Judge's Jurisdiction over PMLA Interlocutory Orders The Supreme Court upheld the jurisdiction of the learned Single Judge in a case involving challenges to interlocutory orders under PMLA. The Court ...
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Supreme Court Confirms Single Judge's Jurisdiction over PMLA Interlocutory Orders
The Supreme Court upheld the jurisdiction of the learned Single Judge in a case involving challenges to interlocutory orders under PMLA. The Court clarified that PMLA inquiries are distinct from police investigations, supporting the Single Judge's authority. The Court found the writ petition moot due to the respondent's compliance with the orders, rendering concerns about false declarations academic. Consequently, the Court permitted formal disposal of the petition by the Single Judge, addressing both jurisdictional issues and the petition's survivability in light of subsequent developments.
Issues: Jurisdiction of learned Single Judge to pass the order under appeal; Survivability of the writ petition due to subsequent developments.
Jurisdiction of learned Single Judge: The appeal challenged interlocutory orders regarding summons issued under PMLA. The respondent filed a writ petition against these summons, arguing jurisdictional issues and seeking relief. The learned Single Judge directed the respondent to be questioned in Kolkata and refrained from coercive action. The appellant contended that the order was without jurisdiction, questioning the Single Judge's authority to hear matters involving police inaction. However, the Supreme Court clarified that PMLA inquiries are not police investigations, supporting the Single Judge's jurisdiction. The appellant's argument was dismissed.
Survivability of the writ petition: The appellant argued that the writ petition became infructuous due to subsequent developments, as the respondent had already appeared before the authorities in compliance with the Single Judge's order. The summons had lost their force, rendering the petition moot. The appellant also raised concerns about false declarations in the petition regarding citizenship, but these issues became academic given the developments. The Single Judge's order for no coercive action was also considered moot. The Court found that nothing remained in the writ petition, granting permission for formal disposal by the Single Judge.
In conclusion, the High Court of Calcutta addressed the jurisdictional challenges raised by the appellant regarding the Single Judge's order and the survivability of the writ petition due to subsequent developments. The Court upheld the Single Judge's jurisdiction in the matter and determined that the petition had become infructuous, allowing the appellant to seek formal disposal from the Single Judge.
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