The Madras High Court on Wednesday, April 24, 2024, dismissed a writ petition that sought a probe by the Enforcement Directorate (ED) with respect to the seizure of ₹3.99 crore from three train passengers at Tambaram railway station in Chennai on April 7, and another reported seizure of ₹28.5 lakh from the DMK Tirunelveli East district secretary’s office on April 4.
Justices M.S. Ramesh and Sunder Mohan dismissed the case after the ED’s special public prosecutor (SPP) N. Ramesh told the court that the offences under which the Tamil Nadu police had registered a case regarding the seizure of ₹3.99 crore were not scheduled offences under the Prevention of Money Laundering Act (PMLA), 2002 and therefore, the ED would not be able to investigate the issue.
The judges also stated that a detailed order, giving reasons for the dismissal, would be passed later. C.M. Raghavan, an independent candidate who contested in the Tirunelveli Parliamentary constituency in the Lok Sabha polls this year, had filed the writ petition seeking action against BJP candidate Nainar Nagenthran and Congress candidate C. Robert Bruce under the PMLA.
His counsel A. Immanuel told the court that the State police had seized ₹3.99 crore from a train that was bound to Tirunelveli and that those possessing the cash were found to be close associates of the BJP candidate. Similarly, the Congress candidate was part of an alliance led by the DMK, and therefore he must be made answerable for the seizure of ₹28.5 lakh, he said.
However, on finding that the FIR with regard to the seizure of ₹3.99 crore had been registered under Sections 171C, 171E and 171F (all related to bribery and undue influence in elections) and 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code, the judges had, on Monday, wanted to know whether they were scheduled offences under the PMLA.
After taking instructions, the SPP reverted back to the court on Wednesday stating that they were not scheduled offences under the PMLA and therefore the ED would not be in a position to investigate the matter.
