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SC seeks report from Madras HC's registrar general on plea alleging rehearing after quashing ED case [Read Order]

By Jhanak Sharma      09 September, 2024 10:52 AM      0 Comments
SC seeks report from Madras HCs registrar general on plea alleging rehearing after quashing ED case

NEW DELHI: In an unusual case, the Supreme Court has suspended pronouncement of judgment by the Madras High Court in a money laundering case against former IPS officer M S Jaffer Sait as he claimed that the matter was reheard within days of allowing his plea for quashing of the proceedings.

A bench of Justices Abhay S Oka and Augustine George Masih sought a report from the Madras High Court's Registrar General as "an officer of this court" after hearing senior advocate Sidharth Luthra for Sait, an officer who was believed to be close to DMK's first family.

The court issued notice to the Enforcement Directorate and fixed the matter for consideration on September 30.

In his arguments, Luthra relied upon the material on record to show that on August 21 2024, the criminal petition was allowed by the High Court.

"Subsequently, the case was reheard and now judgment has been reserved. Though objection was raised at the time of rehearing of the petition, it was discarded by the High Court," he claimed.

The court directed for stay of the proceedings before the High Court and sought a report from the Registrar General.

"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.

"He will submit a report to this court in a sealed cover," the bench said.

The court ordered for furnishing  the official the petitions as well as the applications filed before the apex court.

The ED filed a case against the officer and others on June 22, 2020 on the basis of a case registered by the Directorate of Vigilance and Anti Corruption with regard to alleged illegal allotment of land of Tamil Nadu Housing Board in Chennai under the discretionary quota.

However, the High Court quashed the ED case on August 21, 2024 on the basis of previous quashing of the predicate corruption case by the Directorate of Vigilance and Anti-Corruption.

Two days after, the High Court went ahead to rehear the case and reserved its judgment earlier this month. The High Court reportedly went ahead to "rehear" the matter after coming across some additional facts. It had reportedly pulled up the Enforcement Directorate in filing appeals in such cases.

 [Read Order]



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