Case Law Details
Ashok Kumar Singh and Ors Vs Union of India and Anr (Delhi High Court)
The case of Ashok Kumar Singh and Ors Vs Union of India and Anr, as adjudicated by the Delhi High Court, primarily revolves around the interpretation of Section 66 of the Prevention of Money Laundering Act, 2002 (PMLA Act), and the maintainability of the present Public Interest Litigation (PIL).
The petitioners sought several reliefs through the writ petition, primarily focusing on clarifying the scope and obligations of the Enforcement Directorate (ED) under Section 66 of the PMLA Act. They sought to ascertain whether the ED, or its Director, is empowered or obligated to lodge FIRs with the police under the Police Act, 1861, and whether accused individuals are entitled to certain safeguards under the PMLA Act if the ED or its subordinates become complainants against them. Additionally, they sought clarification on whether the ED and its Director can claim rights as victims of an offense and invoke extraordinary writ jurisdiction under Article 226 and 227 of the Constitution of India.
The respondent, representing the ED, raised a preliminary objection to the maintainability of the PIL, arguing that it espouses a private cause and that the issues raised have already been addressed by a Supreme Court judgment. The respondent cited the judgment in Vijay Madan Lal Choudhary vs. UOI & Ors. (2022) to support their argument.
The petitioner countered the objection by asserting that an authoritative interpretation of Section 66 of the PMLA Act would benefit society at large, including ED officers. They contended that the cited Supreme Court judgment did not definitively interpret the scope of Section 66.
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