2023 (9) TMI 1381 - SCH - Money Laundering

Supreme Court upholds High Court order, petitioner can pursue remedies under Criminal Procedure Code.

The Supreme Court declined to interfere with the High Court's order, allowing the investigation to proceed. The petitioner was granted liberty to pursue ... Money Laundering - Enforcement Directorate has an independent right to conduct an investigation into the Teachers’ Recruitment Scam or not - HELD THAT:- Reading the order of the Single Judge in its entirety, it is evident that the Single Judge has duly applied her mind to the question whether the investigation should be stayed. The Single Judge was of the view that such a direction could not be issued at the present stage to stultify the investigation. There are no reason to interfere with the impugned order since the consequence of doing so would be to stifle the investigation at the incipient stage. However, the petitioner is at liberty to pursue all remedies which are available in law, including under Section 482 of the Code of Criminal Procedure 1973. Since this Court had permitted the filing of applications before the Single Judge while disposing of the proceedings on 28 April 2023, the direction for the payment of costs would stand deleted - SLP disposed off. Issues involved:The issues involved in the judgment include reassignment of proceedings in a Public Interest Litigation, challenge to the order of a Single Judge of the High Court at Calcutta, direction for investigation by Central Bureau of Investigation and Enforcement Directorate, and the application for recall of directions issued on 13 April 2023.Reassignment of Proceedings:The Supreme Court directed the Acting Chief Justice of the High Court at Calcutta to reassign the pending proceedings in a case to a Judge other than the one who issued the challenged order. The reassigned Judge was given the liberty to consider all applications related to the case.Challenge to High Court Order:A Special Leave Petition was filed in the Supreme Court to challenge the order of a Single Judge of the High Court at Calcutta, which directed the Central Bureau of Investigation and the Enforcement Directorate to conduct an investigation. The Supreme Court disposed of the petition on 28 April 2023.Investigation by Enforcement Directorate:The Single Judge of the Calcutta High Court, to whom the proceedings were reassigned, heard applications for recall of the directions issued on 13 April 2023. The Judge observed that the Enforcement Directorate was dealing with an offence under the Prevention of Money Laundering Act 2002, while the predicate offences under the Prevention of Corruption Act 1988 and the Indian Penal Code 1860 were being investigated by the CBI. The Single Judge declined to stay the investigation.Application for Recall of Directions:The petitioner argued that the Single Judge erred in concluding that an application for recall of the directions issued on 13 April 2023 was barred by the Supreme Court's order. The Single Judge had earlier held that there was no reason to prevent the Enforcement Directorate from conducting the investigation.Conclusion:The Supreme Court declined to interfere with the Single Judge's order to avoid stifling the investigation at an early stage. The petitioner was granted liberty to pursue remedies available in law, including under Section 482 of the Code of Criminal Procedure 1973. The direction for the payment of costs was deleted, and the Special Leave Petition was disposed of.Separate Judgement:No separate judgment was delivered by the judges in this case.