ED gets access to PMLA case files against Senthilbalaji

The Madras High Court on Thursday set aside the observation made by a special court trying MPs and MLAs that it cannot grant the certified copies of unmarked documents to the enforcement directorate for aiding investigation under Prevention of Money Laundering Act (PMLA), 2002, in connection with the alleged complaints lodged against Minister V Senthilbalaji of receiving bribes for offering jobs in the transport department during his tenure as minister between 2011 and 2015.

A division bench of Justice PN Prakash and Justice AA Nakkiran passed the orders on hearing the petition filed by ED challenging the order of the additional special court trying criminal cases against the MPs and MLAs.

The petitioner challenged the order of the additional special court that refused to provide the certified copies of unmarked documents in the alleged bribery case. Since the charge sheets filed by the state police disclosed the commission of a scheduled offence under the Prevention of Money Laundering Act viz Section 420 of IPC, the ED registered a case against Senthilbalaji and others on July 29, 2021.

ASG R Sankaranarayan, appearing for the ED, submitted that the prosecution initiated by the police was quashed by the HC and “once the prosecution of the scheduled offence is quashed, the documents that have been filed by the police, in that case, would not get marked, obviously because, there would be no trial.” He further submitted that if the portion of the special court’s order negativing the prayer for furnishing certified copies of unmarked documents was upheld, then, the ED would not be able to obtain any document in the PMLA case since the charge sheet has been quashed.

Agreeing with the submissions made by the ASG, the bench set aside that portion of the special court’s orders which states “certified copies of unmarked documents cannot be granted and the said prayer is accordingly negated.”