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The Supreme Court has agreed to examine an Enforcement Directorate (ED) petition challenging the transfer of the Amrapali Group money laundering case from a designated Prevention of Money Laundering Act (PMLA) court in Delhi to a special court in Lucknow. The matter, listed for hearing during the past week, concerns the jurisdiction for trial proceedings arising from the agency's investigation into the alleged diversion of homebuyers' funds by the real estate developer. The ED has argued that the transfer could affect the progress of the case, which stems from directions issued by the Supreme Court during its investigation into the Amrapali Group. The outcome of the proceedings is expected to determine the appropriate forum for conducting the trial under the PMLA while ensuring continuity in the long-running case.
The Supreme Court has agreed to hear a petition filed by the Enforcement Directorate (ED) challenging the transfer of the money laundering case against the Amrapali Group from a designated Prevention of Money Laundering Act (PMLA) court in Delhi to a special court in Lucknow. The matter came up during the past week, with the apex court issuing notice and agreeing to examine the agency's objections to the transfer of proceedings.
The case arises from the ED's investigation into the alleged diversion and laundering of funds linked to the Amrapali Group, one of the country's most prominent real estate disputes involving delayed housing projects. The money laundering probe was initiated after the Supreme Court, while hearing petitions filed by homebuyers, directed the agency in 2019 to investigate the alleged siphoning of funds by the developer and its officials. The investigation is based on provisions of the Prevention of Money Laundering Act, 2002, and is connected to predicate offences registered by the Central Bureau of Investigation.
According to the ED, the designated PMLA court in Delhi has been handling the proceedings since the filing of the prosecution complaint. The agency has contended that transferring the case to Lucknow would affect the continuity of the trial and has sought intervention from the Supreme Court to retain jurisdiction with the Delhi court. The petition challenges the order directing the transfer and seeks appropriate relief on the question of jurisdiction.
The Amrapali matter relates to allegations that funds collected from homebuyers were diverted instead of being utilised for the construction and completion of residential projects in Noida and Greater Noida. The Supreme Court has monitored several aspects of the case over the years, including the completion of stalled projects, recovery of diverted funds and action against those allegedly responsible for financial irregularities. The court had also directed the cancellation of leases relating to Amrapali projects and ordered multiple investigative agencies to pursue appropriate legal action.
During the proceedings, the Supreme Court indicated that it would examine the ED's challenge before deciding whether the transfer order should remain in force. The hearing will focus on the legal and procedural issues surrounding the appropriate forum for conducting the money laundering trial, while the substantive investigation into the alleged diversion of funds continues under the PMLA framework.
Source - PTI
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