Disposed

Enforcement Directorate v. Ram Kishore Arora and Ors.

Delhi HC22 May 2025TR.P.(CRL.)/42/2025

Case brief

AI extract

What is this about?

Transfer petition seeking transfer of a PMLA complaint case against a former MLA/Minister from Patiala House Courts to the Special Court for MPs/MLAs at Rouse Avenue. The High Court transferred the case and directed parties to appear before the transferee court.

What did the court decide?

CC Case No. 88/2023 transferred to the Special Designated Court for MPs/MLAs at Rouse Avenue District Court; parties to appear on 26 May 2025.

Enforcement Directorate Vs Ram Kishore Arora and Ors. — Money Laundering | Delhi HC (2025)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 42/2025

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ENFORCEMENT DIRECTORATE .....Petitioner

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Through: Mr. Zoheb Hossain, Spl. Counsel with Mr. N.K. Matta, SPP with Mr. Manish Jain, Spl. Counsel with Ms. Sougata Ganguly, Ms. Snehal Sharda and Mr. Sidharth Kumar, Advocates with Mr. Mohit Godara, AD, ED.

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versus

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RAM KISHORE ARORA .....Respondent Through: Mr. Arun Khatri, Ms. Poonam Rani, Ms. Shelly Dixit and Ms. Iracy Sebastian, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 22.05.2025

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The present petition for transfer of CC. Case No. 88/2023 titled Enforcement Directorate vs. Ram Kishore Arora having ECIR No.STF/21/2021, registered under Section 44 read with Section 45 of Prevention of Money Laundering Act, 2002¹ , has been instituted pursuant to the order passed by Registrar General of this Court dated 19^th May, 2025, in light of the order dated 14^th May, 2025 passed in T.P. (Crl.) No. 29/2025 by the learned Principal District and Sessions Judge, New, Delhi District, Patiala House Courts, Delhi. The order dated 14^th May, 2025, reads as under:

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1 <PMLA=

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 18:02:02

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< Heard on the application for transfer.

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Ld. Counsel submitted that in the present case the Enforcement Directorate (herein after being referred to as the complainant) initially filed complaint against ten persons. Later on , a supplementary complaint was filed, wherein the present applicant was arraigned as Accused No.11. Ld. Counsel submitted that according to the complainant, the alleged offence was committed in the year 2014. Ld. Counsel submitted that the applicant herein was Minister and MLA from 2009 to 2014 in the State of Haryana and again from 2019 to 2024 he was MLA.

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Keeping in view the submissions and facts and also the judgment passed in the case of Manjinder Singh Sirsa (supra) wherein it has been held that the cases pertaining to the sitting MPs/MLAs as well as former MPs/MLAs have to be tried by the Special Court constituted for dealing with the cases of MPs/MLAs. Therefore, I do not find any force in this contention that he was not MLA at the time when the complaint was filed and hence this case is not to be heard by the Special Court designated for MPs/MLs.

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So far as the next contention that that this Court has no jurisdiction to transfer case from one District to other District, I agree with the same. But as the case is to be heard by the Special Designated Court, which sits in Rouse Avenue District Court and not by the Court which is presently dealing with the matter, hence this matter (i.e. Ct. Case 88/2023 titled Directorate of Enforcement vs. Ram Kishore Arora & Ors. having ECIR No.21/STF.2021 pending in the Court of Sh.Sumit Dass, Ld. ASJ-05, New Delhi District, Patiala House Courts, New Delhi ) be placed before the Registrar General, Hon’ble High Court of Delhi with the request to kindly issue necessary directions regarding transfer of this matter to the Court concerned having jurisdiction to hear the same.

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Parties are directed to appear before the Registrar General Hon’ble High Courts of Delhi on 19.5.2024. …=

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Record of the case has been perused.

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Vide minutes dated 15.04.2019, the Hon’ble Administrative and General Supervision committee of this Court resolved as under:-

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<The resolution dated 16.01.2017 of this Committee has been

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 18:02:02

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reconsidered. It has been resolved to substitute the word "reference" with "transfer petition" in the said resolution. Therefore, henceforth, the request received from District & Sessions Judges and Principal Judges, Family Courts for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of transfer petition before the concerned Bench for appropriate consideration and orders.=

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Since the Special Court constituted for dealing with the cases of MPs/MLAs is housed at Rouse Avenue District Court, the CC. Case No.88/2023 titled Enforcement Directorate vs. Ram Kishore Arora having ECIR No. STF/21/2021, under Section 44 read with Section 45 of PMLA is transferred to the Designated Court at Rouse Avenue, District Court dealing with the cases of MPs/MLAs, either sitting or former. Parties are directed to appear before the Transferee Court on 26^th May, 2025.

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Accordingly, this petition stands disposed of.

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A copy of this order be sent immediately, without any failure, to learned Principal District and Sessions Judge, New, Delhi District, Patiala House Courts, New Delhi for necessary compliance.

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SANJEEV NARULA, J

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MAY 22, 2025 as

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 18:02:02

Enforcement Directorate v. Ram Kishore Arora and Ors.

Case brief

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Enforcement Directorate v. Ram Kishore Arora and Ors.

Case brief

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