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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.12073 OF 2020 (GM-RES)

BETWEEN :

INDIA AWAKE FOR TRANSPARENCY

REP. BY P. SADANAND

AUTHORISED SIGNATORY

SHRISTHI CRESCENDO

24, DESIKA ROAD

MYLAPORE, CHENNAI-600 004 ... PETITIONER

(BY SHRI. R. SUBRAMANIAN, ADVOCATE)

AND :

1.

THE DIRECTOR

DIRECTORATE OF ENFORCEMENT

6^TH FLOOR, LOK NAYAK BHAWAN

KHAN MARKET

NEW DELHI-110 003

2.

MR. AZIM H. PREMJI

SURVEY NO.574

DODDAKANNELI VILLAGE

SARJAPUR ROAD

BENGALURU-560 035

3.

MRS. YASEEM AZIM PREMJI

SURVEY NO.574

DODDAKANNELI VILLAGE

SARJAPUR ROAD

BENGALURU-560 035

4.

MR. PAGALTHIVARTHI SRINIVASAN

NO.524, 16^TH CROSS

INDIRANAGAR

II STAGE

BENGALURU-560 038

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5.

M/S HASHAM INVESTMENT AND

TRADING COMPANY PVT. LTD

REP. BY MR AZIM H. PREMJI

DIRECTOR

NO.134, NEXT TO WIPRO

CORPORATE OFFICE

DODDAKANNELLI

SARJAPUR ROAD

BENGALURU-560 035 ... RESPONDENTS

(BY SHRI. P. PRASANNA KUMAR, ADVOCATE FOR R1;

SHRI. C.V. GANESH, SENIOR ADVOCATE FOR

SHRI. SANDEEP HUILGOL, ADVOCATE FOR R4;

SHRI. S. GANESH, SENIOR ADVOCATE FOR

SHRI. SANDEEP HUILGOL, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO FORTHWITH

REGISTER A CASE FOR OFFENCES IN RESPECT OF THE OFFENCE OF MONEY

LAUNDERING ARISING OUT OF THE SCHEDULE OFFENCES SET OUT IN

SPECIAL CASE 69/2020 ON THE FILE OF THE LD XXIII ADDITIONAL CITY

CIVIL AND SESSION JUDGE BENGALURU AND SPECIAL COURT FOR PC ACT

OFFENCES BENGALURU BASED ON THE INFORMATION DATED 31.01.2020

FURNISHED BY THE PETITIONER UNDER ANNEXURE-E ETC.

THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR

ORDERS ON 13.01.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS

THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-

ORDER

Heard Shri R. Subramanian, learned advocate for the

petitioner, Shri. C.V.Nagesh, learned Senior Advocate for

respondent No.4 and Shri S. Ganesh, learned Senior Advocate

for respondent No.5.

2.

Learned Senior Advocates for respondents raised a

preliminary objection with regard to maintainability of this writ

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petition. Among various grounds, they submitted that

petitioner has filed a public interest litigation registered as

W.P.No.3635/2020 with a prayer inter alia for a writ of

mandamus and to direct respondents No.1 to 10 therein to

constitute a multi disciplinary investigation team to investigate

and prosecute Shri.A.H.Premji (respondent No.11 therein) and

his associates for the offences alleged to have been committed

by them, set out in its representations dated January 30, 2020

and February 3, 2020 submitted to respondents No.1 to 6

therein.

They

submitted

that

Director,

Enforcement

Directorate, respondent No.1 herein was respondent No.7 in

the PIL.

3.

In this writ petition, petitioner has inter alia prayed

for a direction against Director of Enforcement to register a

case of money laundering arising out of scheduled offences set

out in Special Case No.69/2020 on the file of learned XXIII

Additional City Civil and Sessions Judge, Bengaluru based on

the information given by petitioner in its representation dated

January 31, 2020.

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4.

Shri. Nagesh, learned Senior Advocate made

following submissions:

Petitioner

has

unconditionally

withdrawn

the

PIL.

Therefore, this petition is not maintainable on the

ground of public policy as held in Sarguja Transport

Service Vs. State Transport Appellate Tribunal¹;

Petitioner has an alternative and efficacious remedy to

approach the Special Judge and it has already filed PCR

No.38/2020 before the XXI Additional City Civil and

Sessions Judge, Bengaluru under Section 190(1)(c) and

Section 156(3) of the Code of Criminal Procedure and