PMLA cases pendency | Collective responsibility of the prosecuting agencies, defence lawyers to make system work: HC

A single-judge bench of Justice S M Modak passed verdicts directing the two, arrested in October, 2019, to be released by complying with bail conditions.

The Enforcement Directorate had registered a case based on the FIR by the Economic Offences Wing (EOW) of the Mumbai Police. The HC granted bail to the Wadhawans in both cases.

Justice Modak had also asked the Registrar General of the HC to interact with the Principal Judge, Sessions Court about pending matters under PMLA and scheduled offences, staff deputed and number of judges assigned and assist in mitigating problems faced by prosecuting agency and undertrial prisoners and to boost and expedite trials.

“So if the city Civil and Sessions Court administration is facing with some difficulties, Registrar General with all his experience and responsibility can try to solve the problems and he may also seek necessary directions from the Chief Justice,” Justice Modak noted.

“It may happen that due to intervention of the learned Registrar General, the City Civil and Sessions Court administration may be boosted to deal with huge pendency for scheduled and PMLA offences,” the bench noted.

Referring to the “confidential” report received from the Sessions Court in respect of pendency related to PMLA and scheduled offence cases and delay in scrutiny of papers of present case, Justice Modak noted that “it is uncertain when the trial will start.”

The court noticed that accused have “tendency to file meritless discharge applications” affecting the trial, therefore, there is an “onerous responsibility on the prosecuting agency by remaining vigilant,’ and the “court seized of the matter is required to deal with the issues confidently and sternly.”
“If their case is not progressed, they are not remedy-less. They can request the head of that establishment (i.e. Principal Judge) to assign the case to another Court.