Enforcement Directorate today submitted in the Madras High Court that the Supreme Court has passed a blanket order that no other court should entertain cases related to 2G spectrum scam.
Additional Solicitor General G Rajagopalan representing the Centre, made the submission before Justice M Sathyanarayanan when petitions by former Telecom Minister Dayanidhi Maran and his businessman brother Kalanidhi, challenging the attachment orders of ED of assets worth Rs 742.58 crore in their name came up for hearing.
The ASG said the Supreme Court had on February 10, 2011 and April 11, 2011 restricted High Courts from entertaining any petition in this regard and also stated that it was the sole judicial forum to decide on it.
The Assistant Director of Enforcement Department, in his counter affidavit, stated that the apex court has been continuously monitoring all cases arising out of 2G spectrum scam ever since December 16, 2010.
During monitoring, the issue of Aircel-Maxis deal also surfaced and subsequently the apex court further directed non-interference by any other court except by it.
The ASG submitted that the scheme of Prevention of Money Laundering Act (PMLA) 2002 provides appropriate remedy to an aggrieved person at appropriate level under Sec 8(3) by preferring an appeal under Sect 26 in it before the Appellate Tribunal for PMLA headed by a retired High Court Judge.
He further submitted that the Act also provides further remedies to an aggrieved person in the form of second appeal before the High Court concerned under Section 42 of the Act.
He quoted an order of the Supreme Court and said if statutory remedy is available, then extra-ordinary jurisdiction by way of writ cannot be invoked and sought dismissal of the petitions.
After hearing both the parties, the Judge posted the petitions after the summer vacation.
On April 27, the HC had refused to stay attachment orders passed by ED of assets worth Rs 742.58 crore in the name of Dayanidhi, Kalanidhi and other family members in connection with its money laundering probe in the Aircel-Maxis deal.
It had directed ED counsel to file a counter on the petitions by Sun TV Network Limited and Kal Communications Private Limited.
The agency, which has questioned the Maran brothers more than once in the last few months, had issued the attachment order on April 1 under PMLA.
