The Delhi high Court in the case Kankipati Rajesh v. Adjudicating Authority, prevention of Money Laundering Act, 2002 And Ors observed and has warned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 for not using disconcerting language in its order and has stated that the repeated use of template paragraphs is not permissible.
The bench headed by Justice Prathiba M Singh in the case observed and has directed the Appellate Tribunal under Prevention of Money Laundering Act, 2002 in order to ensure that the Adjudicating Authority abides by the principles of natural justice.
Therefore, the said court also observed the case Dr. U.S. Awasthi v. Adjudicating Authority PMLA & Anr. Thus, the court stated that the Appellate Tribunal, PMLA would take the above observations into consideration and needs to pass an appropriate direction.
The bench of Justice Singh in the case of Dr. U.S. Awasthi observed and had taken a note of the disconcerting language which is being used in an order passed by the Adjudicating Authority and specially the expression noise being caused.
The court in the case observed wherein the similar orders were being passed that the repeated use of templated paragraphs, as if the principles of natural justice are mere rhetoric, the same is not permissible.
The bench of Justice Singh stated that the present order passed by the court is to be treated as a warning to the concerned authority to not use such language as extracted below in its orders, wherein failing which the Court would be constrained to direct action which is to be taken.
In the present case, the PIL was moved by one Kankipati Rajesh, wherein challenging an order passed by Adjudicating Authority under PMLA on March 06, thus, the court dismissed his application for cross examining the witnesses and the statement made by him were relied upon by the Enforcement
Directorate.
The court in the case observed that the impugned order would be appealable to the Appellate Tribunal as it is stated under the Prevention of Money Laundering Act, 2002 and relegated the case of Rajesh’s in order to avail the appellate remedy in accordance with law.
Further, the court stated that the petitioner in the case is permitted to approach the Appellate Tribunal, PMLA within a period of one month. Therefore, the period during which the present writ plea was pending shall be deductible from the period of limitation for filing of the appeal.
