Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO.154274 OF 2022
AND
INTERLOCUTORY APPLICATION NO.154275 OF 2022
IN
SLP (CIVIL) NO(S). 1632516326 OF 2022
DR. MANIK BHATTACHARYA …..PETITIONER(S)
VERSUS
RAMESH MALIK AND OTHERS …..RESPONDENT(S)
O R D E R
1. These two applications have been taken out by the
petitioner in connection with Special Leave Petition (Civil) Nos.
1632516326 of 2022. In these Special Leave Petitions, the
petitioner has questioned legality of an order of a Division Bench
of the High Court at Calcutta sustaining a series of orders passed
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by a Single Judge on 13 , 15 , 17 , 20 and 21 June 2022 in
two Writ petitions, registered as 9979 of 2022 and 7097 of 2019.
The controversy relates to allegations of illegalities in recruitment
of primary school teachers through the Teachers Eligibility Test,
Signature Not Verified
Digitally signed by
NIRMALA NEGI
Date: 2022.10.20
15:36:47 IST
Reason:
2014. In these orders several directions were given against the
petitioner herein, including directing the Central Bureau of
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Investigation (CBI) to start interrogation of the petitioner and in
the event the petitioner (and certain other persons) did not
cooperate with the CBI was given the liberty to interrogate them
after taking them into custody. This set of orders passed between
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13 June 2022 and 21 June 2022 were carried in appeal by the
petitioner as well as other authorities before a Division Bench of
the High Court. The Division Bench, in substance, sustained
these orders.
2. When the Petitions for Special Leave to Appeal was heard
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by this Court on 27 September 2022, notice was issued and in
the SLPs in connection with which these IAs have been taken out,
it was directed that no coercive steps shall be taken against the
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petitioner till 28 September 2022. This protection has
subsequently been continued.
3. Learned Counsel for the petitioner had mentioned before
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us on 12 October 2022 that the petitioner was arrested on 10
October 2022 by the Enforcement Directorate. These two IAs
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were filed on 12 October 2022 itself, being I.A. No.154274 of
2022 for impleading the Directorate of Enforcement as a party
respondent to the present Special Leave Petitions and I.A.
No.154275 of 2022 for declaring the arrest of the petitioner as
illegal. Such arrest was made by the Enforcement Directorate on
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the basis of Enforcement Case Information Report under No.
KLZ0II/19/2022 (ECIR).
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4. We heard the above two applications on 18 October 2022.
Mr. Mukul Rohtagi, learned Senior Counsel for the petitioner
argued that when the latter was under the protective cover of the
order passed by this Court, his arrest by the Enforcement
Directorate was illegal, being in violation of that Order of this
Court. His submission has been that the protection granted by
this Court was in relation to a particular offence and the
Enforcement Directorate had arrested him in relation to the same
offence, which was unwarranted.
5. Mr. Tushar Mehta, learned Solicitor General appeared in
these matters on behalf of the Enforcement Directorate and his
submission is that in the Writ Petitions, out of which the present
proceedings arise, Enforcement Directorate was not a party. The
Order of this Court, giving interim protection to the petitioner
from coercive steps, was based in the backdrop of the direction of
the Single Judge issued on CBI to investigate into the allegations
of irregularities pertaining to the recruitment of primary teachers
and observations of the Single Judge that CBI could interrogate
the petitioner and also arrest him in case of his noncooperation.
His case is that the Enforcement Directorate had initiated an
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independent investigation into moneylaundering allegations
based on the aforesaid ECIR against one Chandan Mondal @
Ranjan and unknown office bearers of the West Bengal Board of
Primary Education and others.
6. In an affidavit filed on behalf of the Enforcement
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Directorate affirmed by one Devranjan Mishra on 17 October
2022, a copy of the remand application of the Enforcement
Directorate has been annexed. We find in this application, there
is broad reference to the allegations which are being investigated
by the CBI. Enforcement Directorate’s case, however, is that
various incriminating documents were seized during the course of
the search conducted at the premises of the petitioner and
evidence has surfaced as regards the role of the petitioner in
moneylaundering activities and proceeds of crime.
7. We cannot hold the arrest of the petitioner by the
Enforcement Directorate illegal as the issue of moneylaundering
or there being proceeds of crime had not surfaced before the
Single Judge or the Division Bench of the High Court. Before us,
however, it had been brought to our notice by Mr. Rohatgi in
course of hearing on the question of interim order passed in the
instant special leave petitions, that the petitioner had been
cooperating with investigation by the Enforcement Directorate
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and the CBI. While testing the legality of an arrest made by an
agency otherwise empowered to take into custody a person
against whom such agency considers subsistence of prima facie
evidence of moneylaundering, we do not think a general
protective order directed at another investigating agency could
have insulated the petitioner from any coercive action in another
proceeding started by a different agency, even if there are factual
similarities visavis the allegations. Under The Prevention of
MoneyLaundering Act, 2002 (“2002 Act”), money laundering is
an independent offence and in the event there is any allegation of
the Enforcement Directorate having acted beyond jurisdiction or
their act of arrest is not authorized by law, the petitioner would be
entitled to apply before the appropriate Court of law
independently. But that question could not be examined in a
Special Leave Petition arising from the proceedings in which the
question of Money Laundering were not involved.
8. In the present Special Leave Petitions, having regard of this
scope and nature of the proceedings, we are not inclined to go
into the legality of the question of invoking the provisions of the
2002 Act in arresting the petitioner. We are also satisfied that the
order restraining coercive action being taken against the
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petitioner passed by us on 27 September 2022, which we have
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still directed to continue, did not operate to prevent the
Enforcement Directorate from carrying on with their investigation
into the allegations under the 2002 Act.
9. For the reasons that we have stated above, we are not
inclined to add the Enforcement Directorate as a party in the
present petitions. The grievance of the petitioner against the
Enforcement Directorate would have to be ventilated
independently before the appropriate forum. We do not accept
the argument of the petitioner that his arrest was illegal because
of the interim order passed by us. We make it clear that we have
not delved into the question of legality of the petitioner’s arrest or
initiation of proceeding against him under the 2002 Act.
10. Both the applications shall accordingly stand dismissed,
without any order as to costs.
………………………………. J.
(ANIRUDDHA BOSE)
………………………………. J.
(VIKRAM NATH)
NEW DELHI;
20th October 2022
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