Payi Gyadi v. The Union of India and 6 Ors

ORDER Date : 14.05.2024 (K. Ete, J.)

Heard Mr. T. Pertin, learned Amicus Curiae. Also heard Mr. M. Kato, learned DSGI for the respondent No. 1; Mr. N. Ratan, learned counsel for the respondent Nos. 2 to 5; Mr. R. H. Nabam, learned Additional General Advocate for the respondent No. 6 and Ms. N. Anju, learned counsel for the respondent No. 7.

This Public Interest Litigation (PIL) has been filed for a direction to the respondent authorities to investigate the money laundering aspect in "APPSC Cash for Job Scam". Page No.# 3/4

It is contended that the Special Investigation (vigilance) has investigated the criminal act. Thereafter, the matter has been transferred to Central Bureau of Investigation (CBI). According to the petitioner, the Act of Money Laundering has not been investigated by the Enforcement Directorate. Hence, this petition for a direction to the Enforcement Directorate to investigate over money laundering Act of "APPSC Cash for Job Scam".

The respondent Nos. 1 to 5 had filed the affidavit on 07.03.2023 and

12.08.2023, clearly placing on record that the Directorate Enforcement on

25.01.2023 has recorded the case bearing No. ECIR/GWZO-II/03/2023 and the investigation under Prevention of Money Laundering Act was initiated. It is stated that investigation under the provisions of Prevention of Money Laundering Act, 2002 is in progress. Information of the details of the document in respect of the suspected persons from various telecom companies have been gathered to accumulate the relevant evidence. In addition to already identified immovable properties, officials of the respondents are making all efforts to identify the movable properties in the form of investments/insurance policies and undisclosed bank accounts and immovable properties of the suspected persons in the matter. It is further stated that all lawful action as may be required, if the evidences so reveal, as taken by the provision of the Prevention of Money Laundering Act, 2002.

We have considered the submissions and materials available on record as Page No.# 4/4 well as the affidavits filed on behalf of the respondent Nos. 1 & 5.

Having considered the above, we find that the prayer for direction to investigate over the Money Laundering act of APPSC Cash for Job Scam has been duly redressed. Therefore, no issue remains to be determined in this present proceeding.

In view of above, the present petition is closed and disposed of.

Needless to observed that the respondent authorities shall bring the investigation to its logical conclusion.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040000572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL/1/2023 Payi Gyadi S/o Papu Gyadi, Resident of Barapani Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, Arunachal Pradesh. VERSUS THE UNION OF INDIA and 6 Ors. Represented by the Secretary, Department of Revenue, Ministry of Finance, Govt. of India. 2:The Director Age: 0 Occupation : 3:The Special Director (Eastern Zone) Age: 0 Occupation : 4:The Joint Director Age: 0 Occupation : 5:The Deputy Director Age: 0 Occupation : Page No.# 2/4 6:THE STATE OF AP Age: 0 Occupation : 7:The Secretary Age: 0 Occupation Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : GA (AP) BEFORE HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND HONBLE MR. JUSTICE KARDAK ETE