Lack of jurisdiction does not warrant transferring a case.

JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. This is a petition filed by a person arrayed as Accused No.1 in a complaint filed by the Enforcement Directorate, under Section 406 of the Code of Criminal Procedure, 1973¹[For short, “the Code”] read with Section 65 of the Prevention of Money-laundering Act, 2002²[[For short, “PMLA”], seeking transfer of Sessions Case No.1004/2021 arising out of ECIR/02/HIU/2018, from the Court of the Special Judge, PMLA, Lucknow to the Court of the Special Judge, PMLA at Ernakulam, Kerala.

2. We have heard Shri S. Nagamuthu, learned senior counsel appearing for the petitioner and Shri K.M. Nataraj, learned Additional Solicitor General appearing for the respondents.

3. The petitioner claims that he was the General Secretary of Campus Front of India, which is now banned as an unlawful association, vide Notification issued by the Union of India, Ministry of Home Affairs dated 27.09.2021 under Section 3 of the Unlawful Activities (Prevention) Act, 1967³[For short, “UAPA”]. The circumstances under which the petitioner has come up with the above transfer petition are as follows:

(i) A complaint in FIR No.276/2013 was registered on 23.04.2013 by the Sub-Inspector of Police, Mayyil Police Station, Kannur District, against 22 persons for alleged offences under Sections 143, 147, 153B and 149 IPC read with Section 5(1)(a) and Section 25(1)(a) of the Arms Act and Section 18 of UAPA. The said complaint was later re-registered by the National Investigation Agency⁴[For short, “NIA”] on 07.08.2013.

(ii) After investigation, NIA filed a chargesheet on 19.10.2013 in the said case against those 22 accused.

(iii) After trial, the Special Court, NIA, Ernakulam, convicted 21 persons by a judgment dated 20.01.2016. The High Court of Kerala confirmed the conviction in relation to the offences under the IPC, but acquitted them for the offences under Section 18 of UAPA. The special leave petition filed against the judgment of the High Court of Kerala was dismissed by this Court.

(iv) The petitioner herein was not an accused in the aforesaid case.

(v) After the conviction of all those in the aforesaid proceedings, the Enforcement Directorate registered an information report in ECIR/02/HIU/2018 on 02.05.2018, in connection with the aforesaid scheduled/predicate offence for which those 22 persons were prosecuted and convicted. In column No.4 of the said ECIR, the place of occurrence was indicated as “8 Km West from Mayyil Police Station at Pamburuthi Road, Narath, Kannur District, Kerala”. This ECIR was registered by the Enforcement Directorate, HIU, Headquarters at Delhi.

(vi) Thereafter, a fresh complaint in FIR No.199/2020 was registered by Maunt Police Station, Mathura District, on 07.10.2020 for alleged offences under Sections 153A, 295A and 124A IPC and Sections 14 and 17 of UAPA read with Sections 65, 72 and 76 of the Information Technology Act. This FIR was against 4 persons and the petitioner was not named therein.

(vii) However, in connection with the complaint filed by the Enforcement Directorate on 02.05.2018, the petitioner was arrested on 12.12.2020. Subsequently, a prosecution complaint under Sections 44 and 45 of PMLA was filed by the Assistant Director, Enforcement, New Delhi on the file of the Special Judge, PMLA, Lucknow against 5 persons, including the petitioner herein who was arrayed as Accused No.1. This complaint arose out of ECIR/02/HIU/2018.

(viii) Thereafter, a chargesheet came to be filed on 02.04.2021, before the Additional District Judge-1, Mathura, Uttar Pradesh, in connection with FIR No.199/2020 which was registered on 07.10.2020. This chargesheet was against 7 named accused and the petitioner herein was shown as Accused No.5.

(ix) Thereafter, a supplementary complaint was filed by the Enforcement Directorate on 06.05.2022 against 2 individuals and 2 corporate entities on the file of the Special Judge, PMLA, Lucknow.

(x) It was followed by the registration of a supplementary/ combined prosecution complaint again