9911796707
TMI Blog2023 (9) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... a under the notification issued by the Central Government, which comes under the jurisdiction of the Principal District Judge, Chennai, naturally the said case has to be tried in the said Court, since the alleged offence is to be punished only under Section 4 of the PMLA Act. The very transfer of the case or made over made by the learned Principal Judge, Chennai by transferring the case papers to the Special Court No.I for Trial of Cases exclusively against MLAs and MPs, is not in consonance with Section 43(1) of the PMLA Act vis-avis the notification issued by the Central Government dated 05.02.2016 under notification No.SO.370(E). Therefore, the bail application filed by the petitioner in the said C.C., also has to be heard and disposed only by the Principal Judge, Chennai. There shall be a direction to the Principal Judge, Chennai to withdraw the made over on C.C.No.9 of 2023 on the file of the said Court and accordingly entertain the bail application in Criminal M.P.SR.No.21974 of 2023 by numbering the same, if it is otherwise in order, and decide the said application after hearing both sides, at the earliest - Petition disposed off. - Honourable Mr. Justice R.Suresh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gone the major surgery as stated supra, as per the recent report of the doctors' team, he has to still take medication as he has developed some more ancillary complaints. Therefore, on medical grounds also, he is entitled for bail. 6. That is the reason why the petitioner had moved a bail application on 28.08.2023 before the Special Court-I at Chennai which has already been designated as a Special Court to try the cases against MLAs and MPs. 7. The aforesaid case, though had been initially pending before the Principal Judge, Chennai, who, by virtue of the Special Court since has been constituted to try the cases against MLAs and MPs, has decided to make over the case to the said Special Court and accordingly an order has been passed on 14.08.2023 according to Mr.N.R.Elango, learned Senior Counsel appearing for the petitioner, by which the learned Principal Judge, Chennai has transferred the case papers or made over the case papers to the Special Court-I for trying the cases exclusively against MLAs and MPs. Therefore, as of now the case ie., C.C.No.9 of 2023 is pending before the Special Court No.I. 8. In view of the said pendency of the main C.C., before the Spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PMLA Act by issuance of a notification in this regard issued by the Government of India dated 05.02.2016 in Notification No.372(E) issued by the Ministry of Finance, Department of Revenue. 14. Pursuant to the directives issued by the Hon'ble Supreme Court, the State Government in consultation with the High Court of Madras had issued a Government Order in G.O.Ms.No.211, Home (Courts-II) Department, dated 26.04.2019, whereby a Special Court at Chennai as Special Court I in the cadre of a Session Judge having jurisdiction over the entire district of Chennai had been established to try all criminal cases including sessions cases as enumerated therein which involves elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu. 15. The State Government had issued one more notification on the same day, in G.O.Ms.No.210, Home (Courts-II) Department, wherein Special Court No.II in the cadre of Session Judge was established for the same purpose and also an additional Special Court in the cadre of a Session Judge (Senior Civil Judge Cadre) was also established for dealing with such cases in respect of magisterial level offences. 16. Among the three Courts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) of Section 43 of the Prevention of Money Laundering Act, 2002 (15 of 2003) and in supercession of the notifications of the Government of India in the Ministry of Finance, Department of Revenue numbers S.O.841(E), dated the 1st June 2006, S.O.1901(E) dated the 3rd Novembe, 2006, S.O.309(E) dated the 2nd March, 2007, S.O.447(E), dated the 11th February 2009, S.O.1150(e) dated the 23rd May 2012 and S.O.1435(E) dated the 28th June 2012, and in consultation with the Chief Justices of respective High Courts, the Central Government hereby designates the Court(s) of Session, as mentioned in the Table below, as Special Court(s) for area(s) specified in the said Table against the said Courts, for trial of offences punishable under Section 4 of the said Act, namely: S.No State or Union Territory Court of Session designated as Special Court under the Prevention of Money Laundering Act, 2002 Area specified for trial of offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 24. Tamil Nadu Principal District Judge, Chennai. Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Government issued in consultation with the Chief Justice of the High Court concerned, where the proposed Court is located. 28. It is further to be noted that, under Section 43(1) of the PMLA Act, it is only the Central Government which is empowered to designate such Courts because, the language used in Section 43(1) makes it clear that the Central Government shall designate . (Emphasis supplied) 29. Therefore, by virtue of the notification dated 05.02.2016, the Central Government already exercised such powers in consultation with the Chief Justice of the High Court and Courts have been designated as Special Courts. 30. When that being the position, since the territorial jurisdiction of the case in hand is in Chennai District only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government as referred to above, which comes under the jurisdiction of the Principal District Judge, Chennai, naturally the said case has to be tried in the said Court, since the alleged offence is to be punished only under Section 4 of the PMLA Ac. 31. When that being so, we feel that the very transfer of the case or made over mad ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
