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2024 Supreme(Ker) 417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., SYAM KUMAR V.M., JJ.
Vinod Mathew Wilson S/o V.G. Wilson – Petitioner
Versus
The Union of India Represented by its Secretary, New Delhi – Respondent
W.P. (C) No. 17179 of 2024
Decided On : 20-05-2024

Advocates:
Advocate Appeared:
For the Petitioners: Manu Ramachandran, M. Kiranlal, T.S. Sarath, R. Rajesh, Sameer M. Nair, Sailakshmi Menon, Jothisha K.A., Shifana M.
For the Respondents: Jaishankar V. Nair, Krishna T.C.

Headnote:

Public Interest Litigation - Locus Standi - Prevention of Money Laundering Act, 2002 - Section 2(1)(p), Section 2(1)(u), Section 2(1)(v), Section 3 - The court found that the petitioner lacked locus standi to file the Writ Petition as a public interest litigation due to the absence of personal or private interest and failure to enforce any fundamental right of the general public. The court also clarified the scope of the Prevention of Money Laundering Act, 2002 and highlighted the definitions and provisions related to money laundering, proceeds of crime, and property. The court emphasized that the Enforcement Directorate's role is to prevent money laundering activity and confiscate the proceeds of crime, and it is not an investigating agency in the traditional sense. The court dismissed the Writ Petition as the reliefs sought were based on misconceptions of the scope of the 2002 Act and the NIA Act, 2008.

Fact of the Case:

The petitioner filed a Writ Petition as a public interest litigation seeking action in representations related to a money heist with hawala and money laundering overtones involving political leaders. The respondents challenged the maintainability of the Writ Petition, questioning the petitioner's locus standi and alleging political motives.

Finding of the Court:

The court found that the petitioner lacked locus standi to file the Writ Petition as a public interest litigation and dismissed the Writ Petition. The court also clarified the scope of the Prevention of Money Laundering Act, 2002 and the NIA Act, 2008, highlighting the definitions and provisions related to money laundering, proceeds of crime, and property.

Issues: Locus standi of the petitioner to file the Writ Petition as a public interest litigation, misconceptions regarding the scope of the Prevention of Money Laundering Act, 2002 and the NIA Act, 2008.

Ratio Decidendi: The petitioner lacked locus standi to file the Writ Petition as a public interest litigation due to the absence of personal or private interest and failure to enforce any fundamental right of the general public. The court clarified the scope of the Prevention of Money Laundering Act, 2002 and highlighted the definitions and provisions related to money laundering, proceeds of crime, and property. The court emphasized that the Enforcement Directorate's role is to prevent money laundering activity and confiscate the proceeds of crime, and it is not an investigating agency in the traditional sense.

Final Decision: The Writ Petition was dismissed by the court.

 

1. The prayers sought in this Writ Petition, which is filed as a public interest litigation, are as under:

 

    “(i) To issue a writ of mandamus or any other writ or order or direction directing respondents Nos. 2 to 4 to consider and take action in Ext.P3 representation as per law within a time limit fixed by the Hon’ble Court, in the interest of justice.

(ii) To issue a writ of mandamus or any other writ or order or direction directing respondent Nos. 1, 6 and 7 to consider and take action in Ext.P5 representation as per law within a time limit fixed by this Hon’ble Court, in the interest of justice.

(iii) Such other writ, orders or directions deem fit on facts and in the interest of justice.”

2. Petitioner submits that a money heist had occurred within the limits of Kodakara Police Station and that Crime No. 146 of 2021 dated 07.04.2021 concerning the same had been registered in the said Police Station. According to the petitioner, since the said heist has hawala and money laundering overtones involving political leaders, he has preferred Ext.P3 representation dated 24.04.2024 and Ext.P5 representation dated 28.04.2024 before the concerned respondents inter alia seeking registration of a case under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘the 2002 Act’). Petitioner laments that no action has been taken by the concerned respondents on his said representations and since according to him the nature of crime involved has ramifications for the economic security of the nation, he has moved this Writ Petition seeking the above prayers.

3. When this Writ Petition came up for consideration on 07.05.2024, the learned standing counsel for respondents 2 and 3 vehemently challenged the maintainability of the Writ Petition and sought time to file a statement specifically on the said respect.

4. Subsequently, statements have been filed by respondents 1 and 5 as well as respondents 2 and 3.

5. Respondents 2 and 3 have in their statement, challenged the locus standi of the petitioner to prefer the Writ Petition in a matter which essentially has criminal law implications. The statement also reveals that based on FIR No. 146 of 2021 dated 07.04.2021 of Kodakara Police Station and the Final Report filed therein by the Police, an ECIR/KCZO/11/2023 dated 30.01.2023 has been registered by the Enforcement Directorate under the Act, 2002 and that the matter is under active investigation. It has been stated therein that several persons have been questioned and their statements recorded. That effective steps are being presently undertaken by the Enforcement Directorate to ascertain the proceeds of crime including the money trail and that meticulous investigation is required in cases of such nature to find out the money trail, the proceeds of the crime and the persons involved in the money laundering case, are also pointed out by respondents 2 and 3 in their statement. The Enforcement Directorate has through the said statement sought dismissal of the Writ Petition at the very threshold on the ground of maintainability and lack of locus standi in the petitioner.

6. Respondents 1 and 5 have in their statement contended that the Writ Petition is not maintainable and that no public interest is involved in the matter. It is alleged by them therein that the Writ Petition has been filed with political interest and ulterior motives by the petitioner who is admittedly the State President of a political party. It is also averred therein that Ext.P2 Final Report clearly reveals that the State Police has completed the investigation and has filed the Final Report before the jurisdictional Magistrate who has taken cognizance of the matter. Respondents 1 and 5 thus seek dismissal of the Writ Petition on the ground that a public interest litigation is not maintainable in a criminal matter and that the petitioner is only a stranger who is in no way connected with the alleged crime.

7. We have heard Sri. Manu Ramachandran learned Advocate appearing

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