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2024 (9) TMI 933 - HC - Money LaunderingHawala and money laundering - proceeds of crime - locus standi of the petitioner to prefer the Writ Petition - HELD THAT - The Enforcement Directorate is not an investigating agency stricto sensu. The command and mandate of the Enforcement Directorate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived out of the commission of a scheduled offence and to see that such property is confiscated to the State. Therefore, in the facts of this case there cannot be any direction issued to consider Ext. P3 which has been filed with a prayer to register a case and arrest certain individuals for that is not the mandate of the Enforcement Directorate. Moreover, the statement filed on behalf of respondents 2 and 3 filed in this case indicates that the Enforcement Directorate has registered an ECIR/KCZO/11/23 in the above matter and the same is being enquired into as well. Thus we see no reason to direct the consideration of Ext. P3. The prayer in Ext. P5 is that suitable action be taken by the State Government under Section 6 of the NIA Act 2008. This is misconceived. A reading of Section 6 of the NIA Act, 2008 shows that the process starts with the registration of an FIR under Section 154 Cr.P.C in respect of an offence set out in the Schedule to the NIA Act, 2008. A reading of Ext. P2 final report indicates that even in the final report there is no indication that any of the offences in the Schedule to the NIA Act, 2008 has been committed. The Writ Petition is liable to be dismissed and is dismissed.
Issues Involved:
1. Locus standi of the petitioner. 2. Maintainability of the Writ Petition as a public interest litigation in a criminal matter. 3. Consideration of Ext. P3 representation under the Prevention of Money Laundering Act, 2002. 4. Consideration of Ext. P5 representation under the National Investigation Agency Act, 2008. Issue-wise Detailed Analysis: 1. Locus Standi of the Petitioner: The respondents challenged the locus standi of the petitioner, arguing that the petitioner, being a political leader, had no direct connection to the crime and thus lacked the standing to file the Writ Petition. The court considered the argument and referred to several Supreme Court judgments, including State of Jharkhand v. Shiv Shankar Sharma and Subramanian Swamy v. Raju, which held that a third party with no connection to the prosecution has no locus standi in criminal matters. The court concluded that the petitioner failed to establish any locus standi to prefer or maintain the Writ Petition as a public interest litigation, as the petitioner had no personal or private interest in the matter and the accused were not impleaded as parties. 2. Maintainability of the Writ Petition as a Public Interest Litigation in a Criminal Matter: The respondents contended that the Writ Petition was not maintainable as it involved criminal law implications and was filed with political motives. The court referred to the Supreme Court's dictum in Janata Dal v. H.S. Chowdhary and Swaraj Abhiyan v. Union of India, which emphasized that public interest litigation should be entertained with great circumspection in criminal matters. The court agreed with the respondents, noting that the petitioner did not seek to enforce any fundamental right of the general public and that the Writ Petition appeared to be filed for political objectives. 3. Consideration of Ext. P3 Representation under the Prevention of Money Laundering Act, 2002: The petitioner sought a direction to the Enforcement Directorate to register a case under the 2002 Act based on Ext. P3 representation. The court explained the scope of the 2002 Act, citing definitions and provisions related to "money laundering," "proceeds of crime," and "property." The court also referred to Supreme Court judgments in Vijay Madanlal Choudhary v. UOI and Pavana Dibbur v. Directorate of Enforcement, which clarified that the Enforcement Directorate's role is to prevent money laundering and ensure the confiscation of proceeds of crime, not to act as an investigating agency. The court concluded that directing the consideration of Ext. P3 was beyond the mandate of the Enforcement Directorate, especially since an ECIR had already been registered and was under investigation. 4. Consideration of Ext. P5 Representation under the National Investigation Agency Act, 2008: The petitioner sought action under Section 6 of the NIA Act, 2008, based on Ext. P5 representation. The court explained that the process under Section 6 of the NIA Act begins with the registration of an FIR for an offense listed in the Schedule to the NIA Act. The court noted that the final report (Ext. P2) did not indicate any scheduled offense under the NIA Act. Therefore, the court found the prayer in Ext. P5 to be misconceived and not actionable. Conclusion: The court dismissed the Writ Petition, finding that the petitioner lacked locus standi and that the petition was not maintainable as a public interest litigation in a criminal matter. Furthermore, the court held that the reliefs sought in Ext. P3 and Ext. P5 representations were beyond the scope of the respective Acts and not actionable.
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