"Couldn't Keep Up The Hope & Trust Of Supreme Court": Madras High Court Apologises To Supreme Court For Delay In Deciding A Case

The Madras High Court this week apologized to the Supreme Court for taking more than six years to decide a writ plea filed by an Indian Police Service (IPS) officer, who has been accused of extorting Rs 3 crore from a woman involved in an economic offence.

Observing that the High Court had not kept up the hope and trust of the Supreme Court in deciding the case expeditiously, the Bench of Justice C.V. Karthikeyan, while dismissing the plea filed by the IPS officer, appended a note of apology in its Judgment.

"I must append a note of apology. The High Court had not kept up the hope and trust of the Hon'ble Supreme Court. The matter was heard in full after more than 6 years and the controversy is hopefully disposed of by this order."

The facts in brief 

A case was registered against the three directors of Pazee Forex Trading India Private Limited for allegedly promising to the public that high dividends/interest would be paid in a very short period on the deposits so collected and thereby, accepting deposits worth crores from the public.

Since they were able to collect several 100 crores of rupees from substantially more than 1000 depositors and couldn't discharge the promise which they had offered, therefore, an FIR in the case was registered in September 2009.

Further, in December 2009, one of the directors, Kamalavali Arumugam went missing for 2 days, and a missing case was registered in the case. However, when she surfaced, she claimed that she was abducted by unknown persons (later on, she claimed that she had enacted a drama of getting abducted).

Again, in February 2010, she made another statement that she had been subjected to constant extortion threats from V.Mohan Raj, who was Inspector of Police, Aanaimalai Police Station, and from Shanmugaiah, CCB Inspector.

They allegedly held out that they would be able to assist her in her troubles with the investors/depositors of M/s. Paazee Group Company if she paid a sum of Rs.3/- Crores to them.

In view of this, the missing case was converted into an extortion case, and thereafter, the investment and the missing case was transferred to the CBI as per the order of the Madras High Court.

CBI took over the probe and filed a final report in the matter, to which, the Special Court for CBI Cases, Coimbatore took cognizance of offence under Sections 120-B read with 347, 384, 506(i), 507 IPC and under Sections 8, 10, 13(2) read with 13(1)(d) of PC Act 1988 against the present petitioner [then IG (west zone)] and others.

In the year 2012, the IG, Pramod Kumar (present petitioner) moved a writ petition in the High Court seeking direction against the CBI to restrain it from taking any actions against him since a prior sanction from the Centre had not been received to prosecute him.

The writ petition was dismissed in 2012 and in 2013, its appeal too was dismissed, however, he further filed an appeal in the Supreme Court, and the Apex Court, in 2015 directed the Court to give him a fresh hearing.

During the period, the CBI had already filed final reports in the economic offence case as well as the extortion case. Also, the trial commenced in the economic offence case, however, the extortion case could not proceed due to the orders of the Supreme Court.

Significantly, the Supreme Court had directed the parties, namely Pramod Kumar and the respondents in the writ petition to appear before the High Court on April 13, 2015, and it had further stated that they trusted and hoped that the High Court would dispose of the controversy at the earliest.

Now, this very plea has been decided by the High Court after more than 6 years. 

Significantly, the Court has once again dismissed the 2012 writ petition filed by the IG, Kumar after giving him a fresh hearing as per the orders of the Supreme Court.

The Court has confirmed the transfer of investigation to CBI and subsequent investigation by CBI and has also directed the CBI to proceed with the matter as per the provisions of law. With this, now the suspended extortion case could proceed in its usual course.

Case title - Pramod Kumar v. Union of India and others

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