POTLURI VARA PRASAD & Ors. v. DIRECTORATE OF ENFORCEMENT & Ors.

by | Feb 29, 2024

 

ASPECTS DETAILS
Case Title Potluri Vara Prasad & Ors. v. Directorate of Enforcement & Ors.
Introduction Supreme Court considering whether restrictions on seeking stay of probe, trial in Coal Block Allocation cases apply to PMLA cases.
Factual Background In Manohar Lal Sharma v. Principal Secretary (2014), Supreme Court held Coal Block allocations between 1993 and 2011 (except those through competitive bidding) as invalid. <br>- July 2014 order stated any prayer for stay or impeding progress in investigation/trial can only be made before the Supreme Court. Girish Kumar Suneja v. CBI (2017) upheld this decision.
Legal Issues Whether the bar on seeking stay or impeding progress in Coal Block Allocation cases applies to PMLA cases as well.
Applicable Law
  • Article 136 and Article 142 of the Constitution.
  • Previous Supreme Court orders regarding stay on Coal Block Allocation cases.
Analysis Girish Kumar Suneja case declined to modify the order in Manohar Lal Sharma, maintaining the bar on seeking stay or impeding progress.The issue arose as to whether this bar extends to PMLA cases.
Conclusions The Supreme Court will consider whether the restriction on seeking stay of probe, trial in Coal Block Allocation cases applies to PMLA cases.
Current Scenario The Directorate of Enforcement has been asked to respond to the issue.

 

Case Summary: The Supreme Court is considering whether its earlier order, which restricted the seeking of stay or impeding progress in Coal Block Allocation cases to the Supreme Court alone, also applies to orders passed on complaints under the Prevention of Money Laundering Act (PMLA). The issue arose in a petition challenging a Special Court’s order framing charges in a PMLA complaint related to the Coal Block Allocation cases. The Court issued notice to the Directorate of Enforcement for a response on this matter.

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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