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Synopsis

The Supreme Court on Friday sought a report from the Madras High Court's Registrar General on a plea by former IPS officer that his petition for quashing a money laundering case was allowed but the matter was reheard subsequently and judgment was reserved.

A bench of Justices Abhay S Oka and Augustine George Masih issued notice to the Enforcement Directorate on a special leave petition filed by M S Jaffer Sait challenging the high court's order of August 28, 2024.

Senior advocate Sidharth Luthra, appearing for the petitioner, said he had pointed out the material on record to show that on August 21 2024, the criminal petition was allowed by the high court. 

But, subsequently, the case was reheard and judgment was reserved, he submitted. 

The counsel also claimed that though objection was raised at the time of rehearing of the petition, it had been discarded. 

On instructions, he stated that the judgment was not yet pronounced.

After hearing the counsel, the top court directed that the proceedings in the matter will remain stayed in the sense that the judgment shall not be pronounced by the high court.

"A copy of this SLP and a copy of criminal miscellaneous petition tendered today shall be forwarded to Registrar General of the High Court of Judicature at Madras. The Register General will examine the record of the case as well as the data uploaded as an Officer of this Court and will report to this Court whether the petition was disposed of on 21st August, 2024," the bench said.

The court directed its registry to forward a copy of this order along with the copies of the SLP and application tendered across the Bar to the Registrar General of the High Court of Judicature at Madras.

"He will submit a report to this court in a sealed cover before the returnable date," the bench said, fixing the matter for hearing on September 30.

The case was registered against the former IPS officer in connection with the alleged illegal allotment of a plot under the Tamil Nadu Housing Board. After lodging of the complaint in 2011, DVAC registered an FIR under the Prevention of Corruption Act.

On May 23, 2019, the high court quashed the FIR. However, subsequently, on June 22, 2020, the ED registered an ECIR (Enforcement Case Information Report) based on the case registered by the DVAC.

The Madras High Court's division bench, however, reheard the matter earlier this month and reserved its judgment, saying the court thought it necessary to re-hear since they found something that has to be re-heard. 

“Are we not entitled to make corrections, re-hear the matter, or recall the order when we find some mistakes,” the bench asked, adding ultimately, it is to render justice and the court is well within its powers to rehear the matter.

Case Title: M S Jaffer Sait Vs The Directorate of Enforcement