The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise.

ORDER :

A.BADHARUDEEN, J.

Sabu K.S, who is the accused in C.C.No.3/2014, pending before the Special CBI Court-I, Ernakulam, has filed this transfer petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS’ for short hereafter). The prayer in the petition is to transfer the entire records in C.C.No.3/2014 pending before the Special CBI Court-I, Ernakulam to Special CBI Court-II, Ernakulam, where the case pertaining to the predicate offences, i.e offences under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 (`PC Act, 1988’ for short), numbered as S.C.No.329/2017, has been pending, for consideration of the same simultaneously by the same Judge. Sabu K.S is the sole accused in S.C.No.329/2017 also.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the 1^st respondent (CBI) and the learned Standing Counsel representing the Directorate of Enforcement of Cochin Zonal Office, in detail. Perused the relevant provisions.

3. The learned counsel for the petitioner submitted that Annexure A final report (pertaining to C.C.No.3/2014) was filed alleging commission of scheduled offences under the Prevention of Money Laundering Act (`PML Act’ for short) and Annexure B is the complaint filed by the Enforcement Directorate against the petitioner alleging commission of offences punishable under Sections 3 and 4 of the PML Act. According to the learned counsel, the allegations in Annexures A and B are almost same and interconnected, and the witnesses to be examined and documents to be marked are one and the same. It is submitted by the learned Counsel for the petitioner that the Special Court, CBI-II, Ernakulam, is also a Special Court for the trial of cases under the PC Act as well as the PML Act and hence transfer of Annexure A final report pending before the Special Court CBI-I, Ernakulam, to the Special Court CBI-II, Ernakulam, where Annexure B complaint alleging offences under the PML Act is pending, is necessary to protect the interest of the accused, so that both the cases have to be tried by one court.

4. Whereas the learned Special Public Prosecutor for the CBI zealously opposed the transfer and he has highlighted Section 44(1) (c) of the PML Act to contend that, in order to commit a case, for which cognizance of the scheduled offence has been taken by the Court other than the Special Court, which had taken cognizance of the offence of money laundering under clause(b), it shall, on an application by the authority authorised to file a complaint under the PML Act, commit the case to the Special Court. Therefore, the petitioner has no right to file a transfer petition seeking transfer of a case pertaining to a scheduled offence to a court where a case involving the offences under the PML Act is pending. It is also submitted by the learned Special Public Prosecutor that, in fact, trial of the accused for the scheduled offence and a finding regarding commission of the said offence is absolutely necessary to go with the trial of the PML Act offences.Therefore, the question of joint trial or simultaneous trial doesn’t arise and on that count also, transfer sought for is liable to fail. It is also pointed out that under Section 447 of BNSS also, the petitioner has no right to come before this Court straight away seeking transfer, since it has been specifically stipulated in the proviso to Section 447 of BNSS that no application under Section 447 of BNSS would lie to the High Court for transferring a case from one criminal court to another criminal court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

5. The learned Standing Counsel appearing for the Enforcement Directorate would submit that, though as per Section 44(1) (c) of the PML Act, the authority authorised to file a complaint is competent to seek committal of a case relating to the scheduled offence to the Special Cour