Delhi High Court warns PMLA Adjudicating Authority against use of "disconcerting language", "templated paras" in orders

The Delhi High Court recently warned the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA) against the repeated use of "templated paragraphs" and "disconcerting language" in its orders..Justice Prathiba M Singh said that if such language is used by the Authority, the Court would be constrained to direct action to be taken against it.“Repeated use of templated paragraphs, as though the principles of Natural Justice are mere rhetoric, is not permissible. The present order shall be treated as a warning to the concerned authority to not use such language as extracted below in its orders, failing which the Court would be constrained to direct action to be taken,” the order said.The Court made these stern remarks while noting that the Authority has failed to take into consideration the fact that use of such disconcerting language has been frowned upon by the High Court in the case of Dr US Awasthi v. Adjudicating Authority PMLA & Anr. .Justice Singh was dealing with a plea challenging an order dated March 6, 2023 passed by the Adjudicating Authority by which the petitioner’s application for right to cross-examine witnesses had been rejected.Counsel for the petitioner told the Court that the Authority has used the same language as was frowned upon in the judgment of Dr US Awasthi..In its order, while referring to the petitioner’s contention of violation of principles of natural justice, the Adjudicating Authority had said that “it is always open to the accused of the alleged offenders to make more noise about the so-called violation of principles of natural justice”.The Authority further said that “such noise can be heard quite often in these type of matters with a view to drag the proceedings and scuttle the efforts of the authorities concerned to pin down the offenders to the crime in furtherance of the provisions of the Act.”.While taking a dim view of the language used in the order, the Court said that it would be appealable before the Appellate Tribunal, PMLA.“Thus, this Court is not inclined to entertain the present writ petition. The Petitioner is relegated to avail of its Appellate remedy in accordance with law,” the Court ordered..Advocates Amit Khemka, Ashwani Taneja, Shreya Shandilya and Sandeep Dash appeared for the petitioner.The Enforcement Directorate was represented through its Special Counsel Zoheb Hossain and Advocates Vivek Gurnani, Sejal Aneja and Baibhav.Central Government Standing Counsel Anurag Ahluwalia along with Advocate Avshreya Pratap Singh Rudy appeared for Respondent No. 3..[Read Order]