PILs cannot Serve Private Causes: Delhi High Court dismisses PIL on PMLA Section 66 Interpretation, Directs Parties to Pursue Proper Legal Channels [Read Order]
Delhi High Court – PMLA – Public Interest Litigation – High Court on PIL restrictions – taxscan
Delhi High Court – PMLA – Public Interest Litigation – High Court on PIL restrictions – taxscan
The Delhi High Court has held that Public Interest Litigations ( PILs ) cannot be used for private causes, confirming the limitations of PILs and affirming the need for parties to pursue proper legal avenues in matters concerning statutory interpretations.
The case centred around a PIL filed by Ashok Kumar Singh and others, seeking clarification on the interpretation of Section 66 of the Prevention of Money Laundering Act, 2002 (PMLA Act).
The petitioners, represented by Mr. N. Zubemo Lotha contended that an authoritative interpretation of Section 66 was necessary to ascertain the powers and obligations of the Enforcement Directorate (ED) under the Act.
The PIL sought several reliefs, including clarification on whether the ED had the authority to lodge FIRs with the police under the Police Act, 1861, and if the accused were entitled to safeguards under the PMLA Act when the ED acted as a complainant under the Criminal Procedure Code.
Additionally, it questioned whether the ED could claim rights and remedies as victims of offences under the Constitution Bench judgment in Lalita Kumari Vs. State of U.P.
Further, it sought clarification on whether the ED could invoke the extraordinary writ jurisdiction of the High Court against the state or the Union of India for perceived inaction.
The respondent revenue, the Union of India and Another, represented by Mr. Anurag Ahluwalia, Mr. Shivam Sachdeva, Mr. Zoheb Hossain, Mr.Vivek Gurnani and Mr.Kartik Sabharwal, contested the maintainability of the PIL. They argued that the issues raised in the petition pertained to private causes and were no longer res integra, citing a precedent judgment of the Supreme Court in Vijay Madan Lal Choudhary vs. UOI & Ors.
The division bench of the Delhi High Court comprising Justice Manmohan, the Acting Chief Justice and Ms. Justice Manmeet Pritam Singh Arora, addressed the preliminary objection raised by the respondents, stating that PILs cannot be used to advance private causes.
The bench emphasised that it is the parties in criminal cases who should challenge proceedings, not third parties under the guise of public interest litigants.
Further, the court noted that the PIL did not challenge the constitutionality or validity of any statutory provision. Instead, it primarily sought an authoritative interpretation of Section 66 of the PMLA Act.
The bench concluded that such matters should be raised by parties directly affected and directed the aggrieved parties to pursue the issue before the appropriate court through proper legal proceedings.
To Read the full text of the Order CLICK HERE
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