JSW Steel Limited vs Deputy Director, Directorate of Enforcement 2025 INSC 1194 - PMLA - Writ Jurisdiction - Alternative Remedy
Constitution of India - Article 226,136 -Dismissing appeal against HC order dismissing writ petition, SC observed: The Appellants have already invoked their statutory remedy before the Appellate Tribunal under Section 26 of the PMLA, which remains pending- PMLA provides a comprehensive and self-contained adjudicatory mechanism -Constitutional or appellate jurisdiction should ordinarily not be exercised where an efficacious alternate remedy is available and is actively being pursued- Interference at this stage would prejudge issues that are squarely within the domain of the Appellate Tribunal, including whether the attached property represents “proceeds of crime” within the meaning of Section 2(1)(u) PMLA and whether the withdrawals were in violation of law. (Para 33-38)
Case Info
Case Details
- Case name: JSW Steel Limited Etc. v. Deputy Director, Directorate of Enforcement Etc.
- Neutral citation: 2025 INSC 1194.
- Coram: Justice Dipankar Datta; Justice Augustine George Masih.
- Judgment date: October 07, 2025.
Caselaws and Citations
- Vijay Madanlal Choudhary v. Union of India: (2023) 12 SCC 1.
- R.P. Kapur v. State of Punjab: 1960 SCC OnLine SC 21; AIR 1960 SC 866.
- State of Haryana v. Bhajan Lal: 1992 Supp (1) SCC 335.
- State of Maharashtra v. Tapas D. Neogy: (1999) 7 SCC 685.
- Union of India v. Guwahati Carbon Ltd.: (2012) 11 SCC 651.
- Govt. of A.P. v. Obulapuram Mining Co. Pvt. Ltd.: SLP (C) Nos. 7366–7367 of 2010.
Statutes/Laws Referred
- Prevention of Money Laundering Act, 2002 (PMLA): Sections 2(1)(u), 2(1)(v), 3, 5(1), 8(4), 26, 44, 45(1), 50(2).
- Code of Criminal Procedure, 1973: Sections 202, 204.
- Indian Penal Code (IPC).
- Prevention of Corruption Act (PC Act).
- Mines and Minerals (Development and Regulation) Act (MMDR Act).
- Forest Act.
