Supreme Court Seeks Report From Madras High Court On Rehearing And Reserving Judgment In Previously Allowed Quashing Petition

The Supreme Court today sought a report from the Madras High Court after being told that the HC reheard a case and reserved judgment despite having already allowed the petition earlier.

The matter involves a quashing petition filed by an accused in a Prevention of Money Laundering Act (PMLA) case. The petition before the Madras HC sought to quash an ECIR dated June 22, 2020, and consequential proceedings against the petitioner.

Senior Advocate Sidharth Luthra for the petitioner informed the bench of Justice Abhay Oka and Justice Augustine George Masih that the HC had initially quashed the Enforcement Directorate's (ED) complaint on August 21, 2024. However, despite objections, the case was reheard, he said.

The Supreme Court issued notice returnable on September 30, 2024. The Court stayed all proceedings in the case before the HC and directed that no judgment be pronounced in the matter. The Court also directed the Registrar General of the HC to examine the case records and submit a sealed report, confirming whether the petition had been disposed of on August 21, 2024.

“Learned Senior Counsel for petitioner has pointed out material on record to show that on 21st August 2024, CrlOP no. 001772 of 2024 was allowed by the High Court. However, later on, it was reheard, and judgement is reserved...Issue notice returnable on 30th September. In the meanwhile, proceedings will remain stayed and judgement is not to be pronounced. The Registrar General of the High Court to examine the record of the case and report to this Court whether the petition was disposed of on 21st August 2024”, the Court said in its order.

The case relates to former IPS officer Jaffar Sait accused in a money laundering case for allegedly illegally acquiring a Tamil Nadu Housing Board plot in 2011. A corruption case filed by the Directorate of Vigilance and Anti-Corruption (DVAC) was quashed by the Madras High Court in 2019. Thereafter, Sait sought quashing of the ED's complaint as well.

Sait's quashing petition is before a division bench of Justice SM Subramaniam and Justice V Sivagnanam of the Madras HC.

Case no. – Diary No. 39548/2024

Case Title – MS Jaffar Sait v. Directorate of Enforcement

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