Judge recuses from hearing case filed by Minister Radhakrishnan
The Hindu
The Minister had challenged the money laundering case registered against him by the Enforcement Directorate in 2020 on the basis of a pending disproportionate assets case
Justice S.S. Sundar of the Madras High Court on Wednesday recused from hearing a writ petition filed in 2022 by Minister for Fisheries, Fishermen Welfare, and Animal Husbandry Anitha R. Radhakrishnan challenging a money laundering case registered against him by the Directorate of Enforcement (ED) in December 2020.
As per the standing instructions, the writ petition would now be listed before a Division Bench led by Justice D. Krishnakumar. The money laundering case had been registered on the basis of a disproportionate assets case pending against the Minister for the charge of having amassed ₹2.68 crore between 2001 and 2006.
In his writ petition, the Minister had contended that though the Prevention of Money Laundering Act (PMLA), 2002 came into force on July 1, 2005; Section 13 of the Prevention of Corruption Act was made a part of the scheduled offences under the PMLA only with effect from June 2009.
Therefore, the ED ought not to have registered a Enforcement Case Information Report (ECIR) on December 22, 2020 with respect to the predicate offence alleged to have been committed between 2001 and 2006, he argued. The ED had opposed his plea by filing a detailed counter affidavit through its special public prosecutor N. Ramesh.
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