IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, CJ, G.ARUL MURUGAN
R. Girirajan S/o Late C. Radhakrishnan – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. predicate offence registered for illegal cash transport as voter inducement. (Para 1 , 2 , 3 , 4 , 11) |
| 2. rival contentions on ecir duty, locus standi, and political motivation. (Para 5 , 6 , 7 , 8 , 9) |
| 3. pml act scheme requires ed's satisfaction for ecir, not automatic. (Para 12 , 13 , 14 , 16 , 17 , 18 , 19) |
| 4. courts cannot mandate ecir; ed decides based on proceeds of crime belief. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
ORDER :
1. The writ petition is filed seeking for a direction, to direct the 4th respondent/Enforcement Directorate to register an Enforcement Case Information Report [ECIR] under the Prevention of Money Laundering Act, 2002 [hereinafter referred to as “the PML Act”] against respondents 5 and 6.
2. The petitioner is a practising advocate and a sitting Member of the Parliament (Rajya Sabha) from the ruling party of the State. The 5th respondent is the Member of the Legislative Assembly from Thirunelveli Assembly Constituency. The 6th respondent was a former State General Secretary (Organisation) for the Tamil Nadu Bharatiya Janata Party.
3. According to the petitioner, the respondents 5 and 6, had involved in an electoral offence case by transp
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