Madras HC quashes order taking cognisance of ED complaint against drug smuggling accused Jaffer Sadiq
The Madras High Court has quashed a Chennai sessions court order that took cognisance of a money laundering complaint by the Directorate of Enforcement (ED) against drug smuggling accused Jaffer Sadiq, citing a lack of opportunity for hearing. The High Court, however, restored the complaint and directed the lower court to proceed with a hearing as mandated by the Bharatiya Nagarik Suraksha Sanhita (BNSS). Sadiq had sought to quash the entire proceedings, alleging the ED relied on an unconnected 2015 case where he was not named.
Why it matters
This ruling underscores the critical importance of due process and the right to a hearing in legal proceedings, particularly under new Indian legal codes, impacting how enforcement agencies like the ED must operate in high-profile cases.
The Madras High Court has set aside an order passed by a Chennai sessions court which had taken cognisance of a money laundering complaint lodged by the Directorate of Enforcement (ED) against drug smuggling accused Jaffer Sadiq without affording an opportunity of hearing to him.
Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, however, restored the complaint and directed the court concerned to proceed in accordance with Section Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) which mandates an opportunity of hearing.
The orders were passed while partly allowing a petition filed by the accused to quash the entire proceedings initiated against him under the Prevention of Money Laundering Act (PMLA), 2002. ED Special Public Prosecutor P. Sidharthan vehemently opposed the plea for quashing the entire case.
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