1 month, 1 week ago

SC pulls up ED for using PMLA to keep accused in jail

NEW DELHI: The Supreme Court has pulled up the ED for using the Prevention of Money Laundering Act to keep an accused in jail and questioned if the provision was "being misused" like the dowry law. A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed on Wednesday while granting bail to Arun Pati Tripathi, a former excise officer from Chhattisgarh. The top court expressed surprise at how the accused was kept in custody if a court order taking cognisance of the complaint was quashed by the Chhattisgarh High Court. During the hearing, Additional Solicitor General SV Raju, appearing for the Enforcement Directorate, opposed the grant of bail, saying crooks could not get away on technical grounds.

Pmla bail person quashed using misused cognisance pulls sc court accused ed prevention pmla money jail

History of this topic

2 weeks, 3 days ago

SC to revisit verdict upholding ED powers

New Indian Express

NEW DELHI: The Supreme Court on Thursday said it would, in April, decide if its 2022 verdict upholding the ED’s powers to arrest and attach property under the Prevention of Money Laundering Act needs reconsideration. A two-judge bench of Justice Surya Kant and Justice N Kotiswar Singh said a three-judge bench was supposed to hear the matter and it was …

2 weeks, 6 days ago

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

Live Law

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. Nevertheless, the court should also recognize …

1 month, 1 week ago

SC Pulls Up ED for Misusing PMLA, Grants Bail to Ex-Chhattisgarh Official

Deccan Chronicle

New Delhi: The Supreme Court has pulled up the ED for using the Prevention of Money Laundering Act to keep an accused in jail and questioned if the provision was "being misused" like the dowry law.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan made the observation on Wednesday while granting bail to Arun Pati Tripathi, a former …

1 month, 1 week ago

Supreme Court pulls up ED for using PMLA to keep accused in jail

The Hindu

The Supreme Court has pulled up the Enforcement Directorate for using the Prevention of Money Laundering Act to keep an accused in jail and questioned if the provision was "being misused" like the dowry law. The top court expressed surprise at how the accused was kept in custody if a court order taking cognisance of the complaint was quashed by …

1 month, 1 week ago

PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court

Live Law

The Supreme Court on Wednesday granted bail to an accused in a case under the Prevention of Money Laundering Act after noting that the order taking cognizance of the prosecution complaint filed by the Enforcement Directorate has been quashed. The Court questioned the ED for continuing the custody of the accused, who has been in custody since August 2024, after …

1 month, 2 weeks ago

Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024

Live Law

Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old Case Title: Simpy Bhardwaj vs Union of India Citation: 2024 LiveLaw 522 …

1 month, 2 weeks ago

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC

Live Law

The Allahabad High Court has recently observed that not providing an advanced copy of the application filed by the Director of Enforcement under Section 50 of the Prevention of Money Laundering Act, 2002, to the accused does not violate the principles of natural justice, as the accused has no right to oppose it. It was also argued that an advance …

1 month, 3 weeks ago

ED shares how PMLA strengthened them and how the law was used under Modi Government to combat black money

Op India

Under the Modi government, the Enforcement Directorate’s actions against corruption have gained momentum. The ED has also achieved great success in getting convictions under the money laundering law in the past years. 95% property seized under the PMLA act was during Modi government’s tenure According to a Hindustan Times report, under the Prevention of Money Laundering Act implemented in 2005, …

1 month, 3 weeks ago

Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002

Live Law

Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. Tarsem Lal v. Directorate of Enforcement, 2024 LiveLaw 383 : AIR 2024 SC 2512 : 7 SCC 61 : 2024 Cri LJ 2705 After a summons is issued under Section 204 of the …

Centre grants sanction to ED to prosecute Kejriwal, Sisodia in money laundering case

Trending News

2 months, 1 week ago

Centre grants sanction to ED to prosecute Kejriwal, Sisodia in money laundering case

Firstpost

After Centre’s approval, the ED can now frame charges against AAP leaders Arvind Kejriwal and Manish Sisodia. This clears the path for their prosecution in a money laundering case linked to Delhi’s scrapped excise policy. The Union home ministry has granted permission to the Enforcement Directorate to prosecute former Delhi Chief Minister and AAP national convenor Arvind Kejriwal, along with …

2 months, 1 week ago

ED gets Centre's sanction to prosecute Arvind Kejriwal, Manish Sisodia in excise policy case

New Indian Express

NEW DELHI: Amid high voltage campaign for Delhi Assembly elections, the Centre has authorised the Enforcement Directorate to initiate prosecution against former chief minister Arvind Kejriwal and his deputy chief minister Manish Sisodia in a money laundering case related to the now scrapped Delhi liquor policy. The development is significant as a special PMLA court in Delhi had delayed the …

3 months, 1 week ago

Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court

Live Law

The Madras High Court recently held that since the concealment of proceeds of crime itself is an offence under the Prevention of Money Laundering Act, the Enforcement Directorate is not required to establish where the money eventually went. The court was hearing a revision petition filed by KC Chandran, his wife and his company against the order of the Special …

3 months, 1 week ago

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

Live Law

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate and its stringent bail provisions. Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED" The High Court pointed out the practice of passing custodial interrogation orders in a …

3 months, 2 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

3 months, 3 weeks ago

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance

Hindustan Times

The Delhi high court on Monday issued a notice to the Enforcement Directorate over former deputy chief minister Manish Sisodia’s plea challenging a city court’s order taking cognisance of the charge sheet filed in the Delhi excise policy case. The court will also hear the Aam Aadmi Party chief Arvind Kejriwal’s plea seeking similar relief in the same case on …

3 months, 3 weeks ago

Prosecution sanction for Kejriwal in excise case enough for money laundering trial: ED

New Indian Express

NEW DELHI: The Enforcement Directorate informed a Delhi court on Thursday that the sanction obtained to prosecute former chief minister Arvind Kejriwal in the corruption case related to the Delhi excise policy was comprehensive enough to try him in a related money laundering case as well. The ED made its submission before Special Judge Kaveri Baweja of the Rouse Avenue …

4 months ago

Excise case: Former Delhi CM Arvind Kejriwal moves HC against trial court decision

New Indian Express

NEW DELHI: Former Delhi Chief Minister Arvind Kejriwal has approached the High Court, contesting the trial court’s decision to take cognisance of the Enforcement Directorate’s complaints in the Excise Policy case. Kejriwal’s petition argues that the trial court’s actions were procedurally flawed due to the absence of mandatory sanctions required under Section 197 of the Criminal Procedure Code. Kejriwal’s legal …

Aircel-Maxis case: Delhi High Court stays trial court proceedings against P Chidambaram over alleged money laundering

Live Mint

Delhi High Court on Wednesday, November 20, put a stay order on the proceedings against Senior Congress Leader P Chidambaram's alleged involvement in the Aircel Maxis money laundering case, reported the news agency PTI. The high court has also asked for a response from the Enforcement Directorate over a plea filed by Chidambaram challenging the trial court's decision to take …

4 months ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

High Court pauses trial against P Chidambaram in Aircel-Maxis money laundering case

Trending News

4 months ago

High Court pauses trial against P Chidambaram in Aircel-Maxis money laundering case

India Today

The Delhi High Court on Wednesday paused trial court proceedings against senior Congress leader P Chidambaram in the Aircel-Maxis money laundering case. The order came after the former Union Minister moved the High Court against a trial court's order taking cognisance of the ED chargesheet against him and his son, Karti Chidambaram, in the Aircel-Maxis case. Senior Advocate N Hariharan, …

6 months, 1 week ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

10 months, 1 week ago

Supreme Court rules ED cannot arrest accused after special court takes cognisance of complaint | DETAILS

India TV News

The Supreme Court on Thursday ruled that the Enforcement Directorate cannot make an arrest once a special court takes cognisance of a complaint the federal agency filed under the Prevention of Money Laundering Act. Furthermore, it ruled that those accused who voluntarily appear before a special court following summons from the ED aren't required to meet the rigorous criteria for …

1 year ago

PMLA case: ED must tell accused grounds of arrest, reaffirms top court

Hindustan Times

The Supreme Court has dismissed the Union government’s plea to reconsider its judgment that made it mandatory for the Enforcement Directorate to provide a copy of the grounds of arrest to accused in money laundering cases while adding that a mere verbal information would be construed as a breach of constitutional right of arrested persons. The Centre filed the review …

1 year ago

Vulnerable to criticism: On the ED and a possible violation of federal principles

The Hindu

The structure of the law against money laundering is bound to throw up perplexing questions about the possible violation of federal principles. One such question has arisen in Tamil Nadu, where the Enforcement Directorate is trying to find out whether illegal sand mining in the State is due to corruption and if the “proceeds” are being laundered. In ruling that …

1 year, 1 month ago

Senthilbalaji case | ED urges Madras High Court to order speedy trial, instead of granting bail

The Hindu

The Directorate of Enforcement has accused former Minister V. Senthilbalaji of intentionally stalling the commencement of trial in a money laundering case and urged the Madras High Court to order speedy trial instead of accepting his plea to grant bail until the completion of trial. ‘Comprise formula criticised by SC’ The ED also highlighted that the Supreme Court, High Court …

1 year, 3 months ago

Delhi Riots: Court Rejects Tahir Hussain's Plea Seeking Stay On PMLA Proceedings Till Framing Of Charges In UAPA Case

Live Law

A Delhi Court on Friday rejected a plea moved by Aam Aadmi Party Councillor Tahir Hussain seeking stay on the proceedings in a money laundering case registered against him in relation to the 2020 riots, till the framing of charges in the UAPA case alleging larger conspiracy in the violence. Additional Sessions Judge Amitabh Rawat dismissed Hussain's plea and said …

1 year, 5 months ago

Disproportionate Assets Indicate Drug Trafficking At Instance Of Corrupt Punjab Police, High Court Refuses Pre-Arrest Bail To Dismissed AIG Raj Hundal

Live Law

Observing that being a police officer, he was supposed to be extremely upright, primarily when dealing with sensitive matters, including drugs, the Punjab and Haryana High Court today dismissed the anticipatory bail plea of former AIG Raj Jit Hundal in a disproportionate assets case. The background of the sources of such massive disproportionate assets points to drug trafficking at the …

1 year, 5 months ago

Money laundering case: PMLA court grants bail to ex-revenue officer

Hindustan Times

A Prevention of Money Laundering Act Special Court, Panchkula, granted bail to former district revenue officer-cum-land acquisition collector of Panchkula in a money laundering case linked to alleged financial fraud with the National Highways Authority of India and the Haryana State Infrastructural and Industrial Cooperation. Naresh Kumar Sheokhand, 63, former district revenue officer-cum-land acquisition collector of Panchkula had pressed on …

1 year, 5 months ago

Supreme Court reserves order on Manish Sisodia's bail plea in Delhi liquor scam

India TV News

The Supreme Court on Tuesday reserved its order on the bail plea filed by Aam Aadmi Party leader and former Delhi Deputy Chief Minister Manish Sisodia in connection with the Delhi liquor policy scam case. SC pulls up probe agencies The Supreme Court on Monday pulled up CBI and ED saying they cannot keep Sisodia in jail for an "indefinite …

1 year, 6 months ago

ED denies Sibal’s charge that Senthilbalaji was asked to join BJP during interrogation

The Hindu

The Directorate of Enforcement on Friday denied senior counsel Kapil Sibal’s charge that Minister without portfolio V. Senthilbalaji was asked by the agency during interrogation to join the BJP. During the hearing in the bail application of the Minister, who is in judicial custody following his arrest by the ED in an alleged money laundering case, Mr. Sibal, appearing for …

1 year, 7 months ago

Should ED Be Granted Hearing Before Predicate Offence Is Quashed? Supreme Court To Consider

Live Law

Whether the Enforcement Directorate should be granted a hearing before a predicate offence is quashed? The bench comprising Justices Surya Kant and Justice Dipankar Dutta was hearing a plea by ED against Bombay HC judgment which quashed the FIR against India Bulls Housing Finance Limited Company. ASG SV Raju responded that Delhi High Court said that the Bombay HC has …

1 year, 8 months ago

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order

Deccan Chronicle

New Delhi: The Supreme Court on Friday sought response from the Enforcement Directorate on the pleas of Tamil Nadu Minister V Senthil Balaji and his wife Megala challenging the July 14 order of the Madras High Court upholding his arrest by the probe agency in a money laundering case. Besides upholding the arrest of the minister, the high court had …

1 year, 8 months ago

Supreme Court stays ED probe in Chhattisgarh liquor scam case

The Hindu

The Supreme Court on Tuesday asked the Enforcement Directorate to “stay their hand in all manner” in a money laundering case linked to the alleged ₹2,000 crore liquor scam in Chhattisgarh. While hearing the matter on May 16, the top court had told the ED not to create an “atmosphere of fear”, after the Chhattisgarh government had alleged that the …

1 year, 8 months ago

ED says under PMLA it has powers to arrest and take custody of Tamil Nadu minister Senthil Balaji

Live Mint

The Enforcement Directorate on Wednesday submitted in the Madras high court that under the Prevention of Money Laundering Act it has powers to arrest and take custody of Tamil Nadu minister V. Senthil Balaji. Solicitor General of India Tushar Mehta made his submission to this effect before Justice C.V. Karthikeyan of the Madras high court. The court was hearing the …

1 year, 9 months ago

Excise Policy case: Delhi HC seeks report from LNJP hospital on Sisodia's wife; reserves order on interim bail

The Hindu

The Delhi High Court on June 3 sought a report from the LNJP hospital on the health condition of AAP leader Manish Sisodia's ailing wife as it reserved its order on his interim bail plea for six weeks in a money laundering case arising from the alleged excise policy scam. Senior advocate Mohit Mathur, appearing for Mr. Sisodia, told Justice …

1 year, 10 months ago

Excise policy case: ED names Manish Sisodia in supplementary chargesheet

The Hindu

: The Enforcement Directorate has named former Deputy Chief Minister Manish Sisodia as an accused in a 2,371-page chargesheet in connection with the now-scrapped excise policy case. In its fifth chargesheet, filed before a Prevention of Money Laundering Act court in Delhi, the probe agency named Mr. Sisodia the 29th accused in the alleged liquor scam. ‘Key conspirator’ The senior …

1 year, 10 months ago

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court

Live Law

Provisions of the Prevention of Money Laundering Act, 2002 are in compliance with the global standard set by the Financial Action Task Force and a part of the intergovernmental response to organised crime, said Solicitor-General for India Tushar Mehta. On another day, senior counsel C Aryama Sundaram argued that he would read the judgement “as it stood” to support his …

1 year, 11 months ago

Delhi liquor scam: Court reserves order on Manish Sisodia's bail plea for April 26

India Today

Delhi’s Rouse Avenue court on Tuesday reserved its order on the bail plea of former Deputy Chief Minister Manish Sisodia in an Enforcement Directorate case related to alleged irregularities in the now-scrapped excise policy. A special Delhi court on Monday extended the judicial custody of Sisodia in the corruption and money laundering cases lodged by the CBI and the ED …

1 year, 11 months ago

No offence under PMLA against me in excise case: Manish Sisodia submits in court

Hindustan Times

Former Delhi deputy chief minister Manish Sisodia on Wednesday submitted before a Delhi court that no offence under the Prevention of Money Laundering Act is made out in the money laundering case registered by the Enforcement Directorate in relation to the Delhi liquor excise policy 2021-2022. “When your lordship sees the allegations made against me through the lens of Section …

1 year, 11 months ago

Delhi Excise policy | Supreme Court tags BRS leader Kavitha’s plea with pending cases challenging ED summons

The Hindu

March 27, 2023 02:45 pm | Updated 03:38 pm IST - NEW DELHI The Supreme Court on March 27 indicated its intention to test the Centre’s claim that the Enforcement Directorate can summon Bharat Rashtra Samithi MLC Kalvakuntla Kavitha in the Delhi excise policy case, considering the court’s own judgment in 2022 which backed the Central agency’s vast powers under …

2 years ago

PMLA and the burden of proof: Trouble ahead for Manish Sisodia after ED arrest

India Today

Amidst political uproar and spat between the Aam Aadmi Party and the Bharatiya Janata Party, former deputy CM of Delhi, Manish Sisodia was arrested by the Enforcement Directorate on Thursday evening after being interrogated inside the Tihar Jail. Section 45 of the PMLA sets out very stringent conditions for bail, essentially that the court has to be prima facie convinced …

2 years ago

Delhi excise policy case | ED arrests Manish Sisodia on money laundering charges

The Hindu

The Enforcement Directorate on Thursday arrested AAP leader and former Deputy Chief Minister Manish Sisodia on money laundering charges in connection with alleged irregularities in the Delhi excise policy, official sources said. It also noted that under the leadership of Prime Minister Narendra Modi, India is more likely than in the past to respond with military force to “perceived or …

2 years ago

Excise policy case: ED questions Sisodia in Tihar Jail; another businessman arrested

Live Mint

The Enforcement Directorate on Tuesday questioned former Delhi Deputy Chief Minister Manish Sisodia in Tihar jail in connection with the Delhi Excise Policy case for six hours. The questioning will continue even as Delhi Chief Minister Arvind Kejriwal targeted Prime Minister Narendra Modi again over the arrest of Sisodia and another party colleague Satyendra Jain. Tamil Nadu Chief Minister and …

2 years ago

Excise policy case | ED questions Manish Sisodia in Tihar Jail for 5 hours; 1 more businessman arrested

The Hindu

The Enforcement Directorate on March 7 questioned and recorded the statement of former Delhi Deputy Chief Minister Manish Sisodia for about five hours as part of its money laundering probe into alleged irregularities in the excise policy matter, official sources said. The CBI had arrested Mr. Sisodia on February 26 in connection with alleged corruption in the formulation and implementation …

2 years, 2 months ago

PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC

Live Law

The Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. "Taking into account the provisions of Section 65 of the PMLA, 2002 it can be held that if …

2 years, 3 months ago

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court

Live Law

The Calcutta High Court on Monday held that once a regular case of "scheduled offence" is quashed, any subsequent case registered under Prevention of Money Laundering Act will also automatically stand quashed. As regards the parallel criminal proceeding arising out of an FIR instituted under Sections 420/120B IPC read with S. 13 of PMLA, being a "scheduled offence" within the …

2 years, 3 months ago

PMLA proceedings stayed on Rs 73 cr letter of credit

Deccan Chronicle

Hyderabad: Justice K. Surender of the Telangana High Court stayed all further proceedings with respect to Varanasi Dileep in a case under Section 3 and 4 of Prevention of Money Laundering Act pertaining to a Rs 73 crore bogus letter of credit fraud. The Enforcement Directorate had initiated the money-laundering investigation into the petitioner and Khagesh Kachhwal on basis of …

2 years, 5 months ago

Delhi excise policy 'scam': After businessman Vijay Nair, ED arrests liquor trader Sameer Mahendru

Firstpost

Sources said he was taken into custody under the criminal sections of the Prevention of Money Laundering Act after he was put through a night-long questioning session. New Delhi: The ED on Wednesday morning arrested liquor businessman Sameer Mahendru in connection with its money laundering investigation into alleged irregularities in the now-scrapped Delhi excise policy, official sources said. The ED …

2 years, 6 months ago

[PMLA Case] Delhi Court Allows ED's Plea Seeking Transfer Of Proceedings Against Satyendar Jain

Live Law

A Delhi Court on Friday allowed the application moved by Enforcement Directorate for transfer of the money laundering proceedings against Aam Aadmi Party leader Satyendar Jain from a Special Court.Principal District & Sessions Judge Vinay Kumar Gupta pronounced the order after reserving it yesterday. A Delhi Court on Friday allowed the application moved by Enforcement Directorate for transfer of the …

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