TaxTMI 
TaxTMI 
2022 (7) TMI 1468
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....it of mandamus, or any other appropriate writ, order or direction, laying down appropriate guidelines for protection of a person from his summoning as an accused, arrest and criminal prosecution in connected scheduled offence, after he has been accepted as an "approver" by a competent authority of Union of India under PMLA and has been granted `pardon' by the competent Special Court taking cognizance of the offence of money laundering, in the light of the provisions of PMLA, CRPC, Articles 14, 20(3) and 21 of the Constitution of India, the public policy and precedents applicable in this regard; B) Issue a writ of mandamus, or any other appropriate writ, order or direction, declaring that the Petitioner, being an `approver' of Union of Ind....
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....titioner was earlier arraigned as an accused by the Enforcement Directorate (`ED'), however, subsequently, was made an approver in the said case, after grant of pardon. According to Mr. Desai, the petitioner has cooperated with the investigation conducted by the ED and CBI, pursuant to which, he was granted pardon by the ED. He submits that once having been granted pardon by the ED, the CBI cannot arraign him as an accused, nor can the petitioner be arrested or prosecuted by the respondent No.1-CBI. He further submits that the petitioner had cooperated with the CBI in its investigation and till June 2022, the CBI did not make the petitioner an accused nor disclosed its intentions to make the petitioner an accused. He submits that as the pet....
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....rned senior counsel has tendered a compilation of judgments in support of the said submission. 4 Mr. Thakare, learned Special Public Prosecutor submits that investigation cannot be interfered with, by the Court and that it is the prerogative of the investigating agency i.e. the CBI to conduct the investigation and to decide whether a person should be made an accused or not, depending on the evidence collected by them during the course of investigation. He submits that the offence under the Prevention of Money Laundering Act (`PMLA') investigated by the ED and the offences under the IPC and Prevention of Corruption Act investigated by the CBI are distinct and separate. He submits that although under Section 44 of the PMLA, the case will be ....