The main legal point established in the judgment is that the Enforcement Directorate should follow the prescribed procedure under the Criminal Rules of Practice, 2019 for obtaining certified copies of documents for aiding the investigation under the Prevention of Money-Laundering Act, 2002.

JUDGMENT

(Prayer in Crl.O.P. No.5725 of 2022: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Crl.M.P. No.20053 of 2021 in connection with C.C.No.25 of 2021 on the file of the Additional Special Court for trial of criminal cases relating to MPs and MLAs, Singaravelar Maaligai, Chennai and set aside the same for the purpose of a fair investigation and direct the said Court, to furnish the remaining unmarked documents in C.C. No.25 of 2021 for aiding the investigation under the Prevention of Money-Laundering Act, 2002, by the petitioner.

Crl.O.P. No.5726 of 2022: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Crl.M.P. No.20055 of 2021 in connection with C.C.No.24 of 2021 on the file of the Additional Special Court for trial of criminal cases relating to MPs and MLAs, Singaravelar Maaligai, Chennai and set aside the same for the purpose of a fair investigation and direct the said Judge, to furnish the remaining unmarked documents in C.C. No.24 of 2021 for aiding the investigation under the Prevention of Money-Laundering Act, 2002, by the petitioner.

Crl.O.P. No.5727 of 2022: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Crl.M.P. No.20054 of 2021 in connection with C.C.No.19 of 2020 on the file of the Additional Special Court for trial of criminal cases relating to MPs and MLAs, Singaravelar Maaligai, Chennai and set aside the same for the purpose of a fair investigation and direct the said Judge, to furnish the remaining unmarked documents in C.C. No.19 of 2020 for aiding the investigation under the Prevention of Money-Laundering Act, 2002, by the petitioner.)

Common Order:

P.N. Prakash, J.

1. In view of commonality of the issue involved, the instant three criminal original petitions are considered and decided by this common order.

2. One Senthil Balaji was the Transport Minister in the AIADMK Government headed by late Selvi J. Jayalalithaa sometime during 2011-2015 and there were lot of complaints against him, in that, it was alleged that he had received huge amounts as bribe from various persons for appointing them as Conductors and Drivers in the Transport Corporations. In connection with these allegations, three FIRs were registered against him which culminated in charge sheets being filed against him and those charge sheets are now pending on the file of the Assistant Sessions Court (Special Court for trial of criminal cases relating to MPs and MLAs), Chennai, the details of which are as under:

3. Since the charge sheets disclosed the commission of a scheduled offence under the Prevention of Money-Laundering Act, viz. Section 420 IPC, the Enforcement Directorate registered a case in ECIR No.21 of 2022 against Senthil Balaji and others on 29.07.2021 and took up the investigation of the case.

4. The Deputy Director, Enforcement Directorate filed individual third party copy applications in C.C. Nos.24 of 2021, 19 of 2020 and 25 of 2021 before the Special Court, seeking certified copies of certain documents.

5. The Special Court, by three separate orders dated 09.11.2021, passed almost on similar lines, directed the issuance of certified copies of some documents such as final report, complaint and FIR and 161 Cr.P.C. statements, but, refused to grant the certified copies of unmarked documents sought by the Enforcement Directorate, aggrieved by which, the Enforcement Directorate has filed the instant three criminal original petitions invoking Section 482 Cr.P.C.

6. Heard Mr. R. Sankaranarayanan, learned Additional Solicitor General assisted by Mr. Sasikumar, learned Special Public Prosecutor for the