Writ jurisdiction and statutory appeal under PMLA: interim orders do not automatically bar review, and reasons for relegation must be clear.

Availability of an efficacious statutory appeal under Section 26 of the Prevention of Money Laundering Act is a relevant factor in deciding whether writ jurisdiction under Article 226 should be exercised, but it does not automatically bar judicial review. An earlier interim order does not compel final adjudication in every case, although action made subject to the writ will ordinarily invite examination of legality. The Delhi High Court found that the impugned order did not disclose a clear basis for declining writ jurisdiction or for relegating the party to the appellate remedy. The order was set aside and the writ petition restored for fresh consideration, with all issues left open.

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Issues: Whether the writ petition ought to have been relegated to the statutory appellate remedy under Section 26 of the Prevention of Money Laundering Act, 2002 despite the interim order and the plea of lack of jurisdiction in the provisional attachment proceedings.

Analysis: The availability of an efficacious statutory appeal is a relevant consideration while exercising writ jurisdiction under Article 226 of the Constitution of India. An interim order passed at an earlier stage does not compel final adjudication in writ proceedings in every case. The Court noted, however, that where an interim order makes impending action subject to the writ petition, the legality of the action would ordinarily be examined, though this is not an inflexible rule. The impugned order did not disclose a clear basis showing why the learned Single Judge declined to exercise writ jurisdiction or what aspect of the adjudication under the Prevention of Money Laundering Act, 2002 led to relegation to the appellate remedy.

Conclusion: The writ court's order relegating the appellant to the statutory appeal was set aside and the writ petition was restored for fresh consideration, with all issues and pleas left open.

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