Key legal issues addressed in recent judgment on recusal, urgent listings, closure reports, and appeal survival.

DIRECTORATE OF ENFORCEMENT Versus M/s OBULAPURAM MINING COMPANY PVT LTD

DIRECTORATE OF ENFORCEMENT Versus M/s OBULAPURAM MINING COMPANY PVT LTD - TMI Issues:
1. Recusal of a judge in a related matter.
2. Urgent listing prerogative.
3. Closure report leading to quashing of proceedings.
4. Disposal of Special Leave Petition.
5. Acquittal in relation to predicate offence leading to disposal of appeals.

Detailed Analysis:
1. The judgment begins by addressing the recusal of one of the judges, as mentioned in an order dated 16.12.2021 in a related matter. The case at hand pertains to the predicate offence in the same matter where the judge had recused. It is noted that the matter is to be listed before a Bench where the recusing judge is not a member, ensuring impartiality and fairness in the proceedings.

2. The judgment acknowledges that the urgent listing of the case falls under the prerogative of the Chief Justice of India, highlighting the procedural aspect of case management and scheduling in the Supreme Court.

3. The next issue pertains to a closure report in relation to the predicate offence, which has been accepted. The learned Solicitor General confirms the closure report and states that the present proceeding will not survive as a result. Consequently, the ECIR No.CEZO/01/2017 is quashed based on the closure report, leading to the disposal of the application and the Special Leave Petition.

4. Moving on, the judgment addresses Criminal Appeal No(s). 391-392/2018, which originated from an order of attachment. It is noted that there has been an acquittal concerning the predicate offence. The learned Solicitor General acknowledges this acquittal and states that the proceedings would not survive in light of the acquittal. Consequently, the appeals filed by the Adjudicating Authority (PMLA) are disposed of, and the trial Court record is directed to be sent back to the trial Court.

In conclusion, the judgment covers various legal aspects, including judicial recusal, urgent listing procedures, acceptance of closure reports leading to quashing of proceedings, disposal of Special Leave Petitions, and acquittal affecting the survival of appeals. The judgment ensures adherence to legal principles and procedural fairness in addressing the issues at hand.