Confusion has arisen in the Madras High Court on the issue of listing petitions related to the Prevention of Money Laundering Act (PMLA) of 2002.
A Division Bench has directed the Registry to take the issue to the notice of Acting Chief Justice (ACJ) D. Krishnakumar in order to clarify whether the petitions should be listed before Division Benches, comprising two judges, or before single judge benches.
The Madras High Court follows the Criminal Rules of Practice, 2019 and the Madras High Court Writ Rules, 2021 with respect to listing of cases. While writ petitions in general get listed before single judges whose orders could be challenged before Division Benches; select writ petitions such as those filed for issuance of habeas corpus get listed directly before Division Benches because they deal with personal liberty.
Similarly, most criminal cases too get listed only before single judges but for exceptions such as appeals, filed against imprisonment of over 10 years, which get listed directly before Division Benches. However, orders passed by single judges on the criminal side (including the writ petitions filed in criminal matters) could be challenged only before the Supreme Court and not before Division Benches.
On July 23, 2024, a Division Bench of Justices M.S. Ramesh and Sunder Mohan wondered why two criminal original petitions filed against PMLA proceedings had been listed before them and not before a single judge as was the practice followed by almost all High Courts in the country. The Registry explained that it was because of an administrative order passed on January 25, 2017, by the then Chief Justice Sanjay Kishan Kaul (since retired).
Ploughing through the records, the judges found that the former CJ had passed the administrative order following a letter written to him by Justice P.N. Prakash (since retired) of the High Court on December 15, 2016. In the letter, the judge had opined that appellate tribunals under the PMLA were headed by retired High Court judges and therefore, it would be appropriate to list PMLA petitions directly before Division Benches.
However, the Bench led by Justice Ramesh clarified that the 2017 administrative order of the CJ should be confined only to petitions filed against orders passed by the appellate tribunals and not to every other petition connected with the money laundering law. Since PMLA had both civil as well as criminal consequences, intra court appeal should be permitted for certain petitions filed against PMLA proceedings, the Bench ordered.
On September 2, 2024, the same Bench led by Justice Ramesh recalled three crucial paragraphs from its July 23 order and left it to the Chief Justice to take a call on listing of PMLA cases. The decision to recall was taken after the Registry brought it to the judges’ notice that Rule 17(1)(vi) of the Madras High Court Writ Rules, 2021 require all writ petitions related to PMLA to be listed before Division Benches and not before single judges.
The Division Bench said that the Chief Justice, being the master of the roster, had the prerogative to take a call on listing of cases and also to decide whether the 2021 Writ Rules require an amendment with respect to listing of PMLA related petitions filed before the High Court. It directed the Registry to take the issue to the notice of the incumbent ACJ for passing necessary administrative orders.
Another Division Bench
On September 12, 2024 when a PMLA related criminal original petition was listed before a Division Bench of Justices S.M. Subramaniam and V. Sivagnanam, the petitioner’s counsel I. Abrar Mohamed Abdullah raised an objection and told the judges that a coordinate Bench led by Justice Ramesh had certain doubts over listing of all PMLA petitions before Division Benches and therefore, referred the issue to the ACJ for taking a call.
However, the Bench led by Justice Subramaniam wondered why such an objection was being raised now when the 2017 administrative instruction issued on the basis of Chief Justice’s decision continued to be in vogue for the last seven years. It pointed out that even Rule 17(3) of the High Court Writ Rules states that writ petitions (criminal) should be posted either before single judges “or as directed by the Chief Justice.”
Therefore, the Chief Justice always holds the prerogative of listing of cases and such a position had been recognised even by the Division Bench led by Justice Ramesh, the Bench led by Justice Subramaniam said.
“In our considered opinion, the administrative order of the honourable Chief Justice dated January 25, 2017, is in force and is bound to be followed by the Registry. Thus, the objection raised by the petitioner is vexatious. Since the matter has been adjourned on several occasions, a final opportunity is granted to argue the matter on merits by September 18,” the Bench led by Justice Subramaniam concluded.
Published - September 14, 2024 04:43 pm IST