Enforcement Directorate v. Ram Kishore Arora And ORS.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 42/2025 ENFORCEMENT DIRECTORATE .....Petitioner 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.

versus RAM KISHORE ARORA .....Respondent Through:

Mr. Arun Khatri, Ms. Poonam Rani, Ms. Shelly Dixit and Ms. Iracy Sebastian, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.05.2025 1.

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 19th May, 2025, in light of the order dated 14th 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 14th May, 2025, reads as under:

1 <PMLA= The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

< Heard on the application for transfer.

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.

........................

........................

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.

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.

Parties are directed to appear before the Registrar General Hon'ble High Courts of Delhi on 19.5.2024. ...= 2.

Record of the case has been perused.

3.

Vide minutes dated 15.04.2019, the Hon'ble Administrative and General Supervision committee of this Court resolved as under:- <The resolution dated 16.01.2017 of this Committee has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.= 4.

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 26th May, 2025. 5.

Accordingly, this petition stands disposed of. 6.

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. SANJEEV NARULA, J MAY 22, 2025 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.