Rajendar Prasad Rai v Public Prosecutor: Stay of Orders Pending Restraint Order Application Under CDSA
In Rajendar Prasad Rai and another v Public Prosecutor, the High Court of Singapore, presided over by Sundaresh Menon CJ, on July 31, 2017, dismissed the Prosecution's application for a temporary stay of orders to release funds seized by the Corrupt Practices Investigation Bureau (CPIB) to the applicants. The Prosecution sought the stay pending an application for a restraint order under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA). The court found that it lacked the power to grant the stay under s 390(2) read with s 401(2) of the Criminal Procedure Code (CPC) and that even if it had the power, it should not be exercised in this case.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Prosecution's application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed the Prosecution's application for a temporary stay of orders to release seized funds, pending a restraint order application under the CDSA, finding no legal basis.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Lost | Tan Zhongshan of Attorney-General’s Chambers Zhuo Wenzhao of Attorney-General’s Chambers Tan Ken Hwee of Attorney-General’s Chambers Navindraram Naidu of Attorney-General’s Chambers |
| Rajendar Prasad Rai | Applicant | Individual | |||
| Gurchandni Kaur Charan Singh | Applicant | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Zhongshan | Attorney-General’s Chambers |
| Zhuo Wenzhao | Attorney-General’s Chambers |
| Tan Ken Hwee | Attorney-General’s Chambers |
| Navindraram Naidu | Attorney-General’s Chambers |
| N. Sreenivasan SC | Straits Law Practice LLC |
| Lim Wei Liang Jason | Straits Law Practice LLC |
4. Facts
- The Prosecution applied for a temporary stay of orders to release funds seized by the CPIB to the applicants.
- The Prosecution intended to make an application for a restraint order under the CDSA.
- The Prosecution's primary concern was the risk of dissipation of the seized funds.
- The Magistrate's Order was found to be irregular and set aside.
- The Prosecution argued that the CPC seizure provisions and the CDSA restraint order provisions should apply seamlessly.
- The Prosecution submitted that it had sufficient evidence at the time of the s 370 Hearing to warrant the extension of the seizure pursuant to s 370(3).
5. Formal Citations
- Rajendar Prasad Rai and anor v Public Prosecutor and another matter, Criminal Motion Nos 71 and 72 of 2016, [2017] SGHC 187
6. Timeline
| Date | Event |
|---|---|
| Hearing on the Prosecution’s application for a temporary stay of the orders | |
| Further submissions heard from parties | |
| Grounds of decision issued |
7. Legal Issues
- Power of the court to stay its orders or suspend their operation
- Outcome: The court held that s 390(2) read with s 401(2) of the CPC 2012 did not confer a general power to make such orders as the court thought just, including the power to stay earlier orders.
- Category: Procedural
- Related Cases:
- [2013] 2 SLR 1227
- [2005] 2 SLR(R) 247
- [2015] 3 SLR 181
- Disposal of Property
- Outcome: The court found that continuing the seizure in the present case was not within the powers which the Magistrate could have exercised.
- Category: Substantive
8. Remedies Sought
- Temporary stay of orders to release funds
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajendar Prasad Rai and another v Public Prosecutor and another matter | High Court | Yes | [2017] SGHC 49 | Singapore | Sets out the background facts leading to the orders made in the present case. |
| Li Weiming v Public Prosecutor and other matters | High Court | Yes | [2013] 2 SLR 1227 | Singapore | Cited by the Prosecution to support the existence of the court's power to temporarily stay the effects of its decision. |
| Ong Beng Leong v Public Prosecutor | High Court | Yes | [2005] 2 SLR(R) 247 | Singapore | Cited by the Prosecution to support the existence of the court's power to temporarily stay the effects of its decision. |
| Pittis Stavros v Public Prosecutor | High Court | Yes | [2015] 3 SLR 181 | Singapore | Cited by the Prosecution to support the existence of the court's power to temporarily stay the effects of its decision. |
| Ung Yoke Hooi v Attorney-General | Court of Appeal | Yes | [2009] 3 SLR(R) 307 | Singapore | Cited by the Prosecution to argue that the CPC seizure provisions and the CDSA restraint order provisions should apply seamlessly. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 401 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 370(3) | Singapore |
| Criminal Procedure Code 2010 (Act 15 of 2010) s 383 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 251 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of execution
- Restraint order
- Dissipation of funds
- Seizure of property
- Criminal Procedure Code
- Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
15.2 Keywords
- stay of orders
- restraint order
- CDSA
- Criminal Procedure Code
- seizure of property
17. Areas of Law
16. Subjects
- Criminal Procedure
- Stay of Execution
- Confiscation of Benefits