Court can’t direct ED to file case under PMLA, says HC

Chennai: Court can't direct the Enforcement Directorate (ED) to register a case under the Prevention of Money Laundering Act (PMLA) merely on the finding that there exists a predicate offence, Madras high court said."It is within the realm of the ED to register an ECIR (Enforcement Case Information Report) based on their satisfaction," the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan said on Friday.The registration of an FIR in a predicate offence does not ipso facto mandate the ED to register an ECIR, but it is only based on the satisfaction of the authorised officer from the predicate case and the materials available. This court cannot substitute the satisfaction of the ED, which is to be arrived at from the materials available, in accordance with the PMLA, the bench added.The court made the observations while dismissing the pleas moved by DMK MP R Girirajan seeking registration of cases by the ED against seven former AIADMK ministers and Tamil Nadu BJP leaders based on corruption cases pending against them."However, we make it clear that it is for the ED to decide in respect of initiating any proceedings under the Prevention of Money Laundering Act on the basis of materials available, and we express no opinion," the court said.Citing the order of the Supreme Court in the R Madhavan Pillai case, the bench said, "The apex court set aside the order of the high court, which directed the ED to register an ECIR, where the high court prima facie came to the conclusion that there exists a predicate offence."
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