Relief to Jagathi publications and others in HC

Hyderabad: In a major relief to Jagathi Publications, auditor and MP V. Vijaysai Reddy and others, who were arrayed as accused in FIRs filed by the CBI related to AP Chief Minister Y.S. Jagan Mohan Reddy’s disproportionate assets cases, the Telangana High Court on Friday allowed their pleas to direct the special court to first hear cases lodged by the CBI instead of Enforcement Directorate (ED) under the PMLA Act.

Chief Justice Ujjal Bhuyan quashed the January 11, 2021, order of the special court, in which it decided that the cases lodged by the ED had to be heard first.

The petitioners claimed, “The CBI deals with crime while the ED deals with the proceeds of crime,” the petitioners said. It would be absurd to hold a person guilty in a ‘proceeds of crime’ without determining whether the person had committed the crime in the first place, they said.

Some petitions were heard by another bench of the High Court, which upheld the orders of the trial court.  In the remaining cases, Justice Ujjal Bhuyan pronounced the orders.

While allowing the pleas of Jagathi Publications and others, the High Court cited the Supreme Court ruling in the Vijay Madanlal Choudhary case in which the apex court observed that if a person is finally discharged/acquitted of the scheduled offence  or criminal case against him is quashed by a court of competent jurisdiction, there can be no offence of money laundering  against him or anyone claiming such property. The decision of the Supreme Court is binding on all Indian courts and tribunals, the High Court opined.