Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
4 weeks 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 the legislature's wariness towards money laundering and pass orders such that it balances caution with liberty”, a bench of Justice Arvind Kumar Verma further observed. Regarding rigid twin conditions under Section 45, the Court noted that the top court views this provision from a narrow lens of 'seriousness of the crime' rather than the wider constitutional validity. For context, in Nikesh Tarachand Shah Vs. Union of India 2017 case, the Apex Court decided against the constitutionality of section 45 of PMLA, 2002 and the twin-conditions of bail attached to it.

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History of this topic

PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC
4 days, 22 hours ago

PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC

Live Law  

The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. Court said, “ In relation to …

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court
2 weeks, 1 day ago

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court

Live Law  

Observing that the offence of money laundering is a continuing offence and not a one-time occurrence, the Supreme Court today refused to discharge Pradeep Sharma, a former Gujarat IAS officer in a case under the Prevention of Money Laundering Act. The argument that no offence of money laundering could be made out because the alleged predicate offence occurred before the …

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act
3 weeks, 6 days ago

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act

India TV News  

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act The Court was dealing with a review plea filed by Congress MP Karti Chidambaram that challenged a July 2022 judgment of the Supreme Court, which had upheld various provisions of the PMLA. The Supreme Court on Thursday adjourned a hearing on a plea that challenged the constitutional validity …

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court
1 month, 2 weeks ago

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court

Live Law  

The Supreme Court today set aside the bail granted to the individual accused of committing money laundering after noting that the High Court failed to satisfy the twin conditions stipulated under Section 45 of the Prevention of Money Laundering Act, 2002.The Court reiterated that the conditions enumerated in Section 45 will have to be complied with even in respect. The …

SC pulls up ED for using PMLA to keep accused in jail
1 month, 2 weeks ago

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

New Indian Express  

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 …

Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024
1 month, 3 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 …

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines
2 months ago

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines

Live Law  

The Delhi High Court has recently denied bail to an accused/applicant booked under the Prevention of Money Laundering Act, 2002 for his alleged involvement in the illegal procurement of empty vials and raw materials of anti-cancer drugs. The Court noted that the applicant cannot claim the benefit of the monetary threshold exemption under the proviso to Section 45 of the …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
3 months, 3 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 …

Popular Front of India's Delhi chief gets bail in money laundering case
3 months, 4 weeks ago

Popular Front of India's Delhi chief gets bail in money laundering case

India Today  

The Delhi High Court on Wednesday granted bail to three members of the Popular Front of India, including the banned organisation's Delhi chief, in connection to a money laundering case. The three PFI members -- Parvez Ahmed, the group's chief in Delhi, General Secretary Mohammad Ilyas and Abdul Muqeet -- were granted bail on a personal bond of Rs 50,000 …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 4 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
4 months, 1 week ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

Delhi HC grants bail to Lava MD Hari Om Rai in money laundering case
Trending News
4 months, 1 week ago

Delhi HC grants bail to Lava MD Hari Om Rai in money laundering case

Hindustan Times  

NEW DELHI: The Delhi high court on Wednesday granted bail to Hari Om Rai, co-founder and managing director of Lava International in a money laundering case involving smartphone maker Vivo. Justice Manoj Kumar Ohri granted regular bail to Hari Om Rai who was arrested in October 2023 i a PMLA case by the Enforcement Directorate. Justice Manoj Kumar Ohri ordered …

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice
4 months, 3 weeks ago

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice

India Today  

Outgoing Chief Justice of India DY Chandrachud's tenure from November 2022 to November 2024 has left a distinct imprint on the judiciary. His term saw a concentrated focus on issues of personal liberty, disposal of long-pending constitutional cases, and tackling economic offences, particularly under the Prevention of Money Laundering Act. The Supreme Court, during DY Chandrachud's tenure as Chief Justice, …

Money laundering: Four get bail after 1K days in jail
4 months, 3 weeks ago

Money laundering: Four get bail after 1K days in jail

New Indian Express  

CHENNAI: Four men facing trial in a money-laundering case arising out of an alleged Rs 1,137 crore cheating case were given bail by a CBI court in Chennai as they had faced incarceration for more than 1,000 days. In the October 29 order, principal judge for CBI cases T Malarvalantina cited the provision of Section 479 of BNSS which entitles …

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case
5 months ago

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case

Hindustan Times  

Delhi high court grants bail to two aides of Satyendar Jain in the money laundering case. The court finds that the stringent Prevention of Money Laundering Act (PMLA), which imposes restrictions on bail, is not to be used as a 'tool for incarceration' and that the trial would not conclude in a reasonable time.

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
6 months ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

The Right To Bail Under Prevention Of Money Laundering Act: Balancing Justice And Liberty?
6 months, 3 weeks ago

The Right To Bail Under Prevention Of Money Laundering Act: Balancing Justice And Liberty?

Live Law  

In recent times, India's criminal law jurisprudence has witnessed an increasing emphasis on enacting stringent laws with an aim to curb economic offences, particularly the menace of money laundering. The Supreme Court held that while the nature of the offence under PMLA is indeed serious, the right to a speedy trial and the right to liberty cannot be ignored. The …

A wave of SC verdicts declaw PMLA’s stringent bail provision
7 months ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

Bail rule, jail exception even in PMLA cases, stresses SC
7 months ago

Bail rule, jail exception even in PMLA cases, stresses SC

Hindustan Times  

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
7 months ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

Bail always the norm, even in money laundering cases: SC
7 months ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

Evidence may be tampered if Kejriwal given bail: ED
9 months, 3 weeks ago

Evidence may be tampered if Kejriwal given bail: ED

Hindustan Times  

The Enforcement Directorate has raised concerns that crucial evidence might be destroyed if Delhi chief minister Arvind Kejriwal is granted bail in the Delhi excise policy case, as the agency opposed Kejriwal’s regular bail application before the Delhi Rouse Avenue court. ED emphasised that ample evidence links Kejriwal to the offence of money laundering, and his release on bail could …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months, 2 weeks ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
11 months ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
1 year ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
1 year ago

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna

Live Law  

Supreme Court judge Justice Sanjiv Khanna on Wednesday orally observed that Section 45 of the Prevention of Money Laundering Act does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if …

No bail for Senthilbalaji, Madras High Court dismisses his plea
1 year, 1 month ago

No bail for Senthilbalaji, Madras High Court dismisses his plea

The Hindu  

The Madras High Court on Wednesday, February 28, 2024, refused to grant bail to former Tamil Nadu Minister V. Senthilbalaji in a money laundering case, in which he was arrested by the Directorate of Enforcement on June 14 last year, after observing that he continues to wield a lot of influence on the State government. Justice N. Anand Venkatesh dismissed …

Madras HC reserves orders on Senthil Balaji’s bail plea in money laundering case
1 year, 1 month ago

Madras HC reserves orders on Senthil Balaji’s bail plea in money laundering case

New Indian Express  

CHENNAI: The Madras High Court on Wednesday reserved the orders on the bail application moved by former minister V Senthil Balaji in the money laundering case registered against him by the Enforcement Directorate under the Prevention of Money Laundering Act. After completion of arguments by senior counsels C Aryama Sundaram and Ranjit Kumar for the ex-minister and Additional Solicitor General …

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

PMLA court refuses bail to IRS officer Sachin Sawant
1 year, 1 month ago

PMLA court refuses bail to IRS officer Sachin Sawant

Hindustan Times  

MUMBAI: A special PMLA court on Saturday rejected the bail plea of former Joint Commissioner of Customs, Indian Revenue Service officer Sachin Sawant, accused of amassing assets disproportionate to his known sources of income. HT Image Enforcement Directorate has claimed that Sawant generated around ₹4.11 crore from illegal sources of income and amassed assets worth ₹2.45 crore that are disproportionate …

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
1 year, 2 months ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

T.N. Minister Senthilbalaji’s bail plea made on health grounds dismissed by Madras High Court
1 year, 5 months ago

T.N. Minister Senthilbalaji’s bail plea made on health grounds dismissed by Madras High Court

The Hindu  

The Madras High Court on Thursday denied bail to Minister V. Senthilbalaji, even on medical grounds, in a money laundering case that led to his arrest by the Directorate of Enforcement on June 14 this year. While denying the bail sought solely on account of ill-health, Justice G. Jayachandran also took into account the past conduct of the petitioner, his …

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

Money Laundering : A Process Or A Punishment
1 year, 7 months ago

Money Laundering : A Process Or A Punishment

Live Law  

Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. The Supreme Court’s ruling upholding all the contentious provisions of the Prevention of Money Laundering Act tumbles short of judicial standards of reviewing legislative action. The provisions of the PMLA must stand the test of due process under Article 21;Section 50 of the PMLA …

Money laundering case: No relief for IREO MD as court dismisses bail plea
1 year, 7 months ago

Money laundering case: No relief for IREO MD as court dismisses bail plea

Hindustan Times  

A Prevention of Money Laundering Act Special Court, Panchkula, on Thursday dismissed the bail plea moved by Lalit Goyal, managing director of the IREO group. Managing director of the IREO group Lalit Goyal, who is presently lodged in a jail, was arrested by the Directorate of Enforcement in a money laundering case linked to a corruption case against suspended Haryana …

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court
1 year, 11 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 …

Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused
2 years, 3 months ago

Personal Liberty Cannot Be Curtailed On Mere Suspicion And Half-Baked Investigation: Madras HC Grants Bail To PMLA Accused

Live Law  

While allowing the bail plea of a man charged under the Prevention of Money Laundering Act, the Madras High Court reiterated that personal liberty could not be arbitrarily taken away unless in accordance with law. A perusal of the medical reports produced by the petitioner would go to show the severity of the ailment the petitioner has been suffering for …

Money laundering case: Court reserves order on Nawab Malik's bail plea on Nov 24
2 years, 4 months ago

Money laundering case: Court reserves order on Nawab Malik's bail plea on Nov 24

India Today  

A special court in Mumbai has reserved its order on the bail plea of former Maharashtra cabinet minister and Nationalist Congress Party leader Nawab Malik after four months of the bail plea being filed. Malik was arrested by the Enforcement Directorate in February this year and the MLA from Kurla had filed his first bail plea after the filing of …

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court
2 years, 4 months ago

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that the prosecution under the Prevention of Money-Laundering Act cannot continue if the accused is discharged from the scheduled offence.The court observed thus while allowing a writ petition filed by one Indrani Patnaik and others. "The record as it stands today, the petitioners stand discharged of the scheduled offence and therefore, in view of the law …

2020 Delhi riots: Court frames charges against Tahir Hussain under PMLA, rejects plea for statutory bail
2 years, 4 months ago

2020 Delhi riots: Court frames charges against Tahir Hussain under PMLA, rejects plea for statutory bail

Firstpost  

The court was hearing a case pertaining to money laundering, registered by the Enforcement Directorate in connection with the 2020 riots in northeast Delhi New Delhi: A Delhi court has framed charges against former AAP leader Tahir Hussain under the Prevention of Money Laundering Act. Additional Sessions Judge Amitabh Rawat said in an order passed on Thursday, “Thus, I hold …

Ex-home minister of Maharashtra Anil Deshmukh gets bail in money laundering case
2 years, 5 months ago

Ex-home minister of Maharashtra Anil Deshmukh gets bail in money laundering case

India Today  

The Bombay High Court on Tuesday granted bail to former Home Minister of Maharashtra and NCP leader Anil Deshmukh in a money laundering case. Deshmukh’s bail application was rejected by the special court under the Prevention of Money Laundering Act earlier this year when the court held that prima facie there was proof of Deshmukh’s involvement in money laundering. YET …

Money laundering case against me opinionated: Anil Deshmukh tells Bombay High Court
2 years, 6 months ago

Money laundering case against me opinionated: Anil Deshmukh tells Bombay High Court

India Today  

A day after Supreme Court directions, the Bombay High Court again started hearing the bail application filed by former Maharashtra Home Minister and Nationalist Congress Party leader Anil Deshmukh in a money laundering case. Advocates Vikram Chaudhari, Aniket Nikam and Inderpal Singh appearing for Deshmukh argued that the Enforcement Directorate arrested Deshmukh based on evidence which he claimed was not …

Plea In Supreme Court Seeks Review Of Its PMLA Judgment
2 years, 7 months ago

Plea In Supreme Court Seeks Review Of Its PMLA Judgment

Live Law  

A review petition has been filed before the Supreme Court against its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The Court also upheld the reverse burden of proof under Section 24 of …

PMLA verdict — due process will be bulldozed
2 years, 7 months ago

PMLA verdict — due process will be bulldozed

The Hindu  

Outcomes in matters of constitutional law disputes depend on the values that the constitutional court choose to emphasise over those it chooses to discount. The recent decision of the Supreme Court of India in Vijay Madanlal Choudhary vs Union Of India, where it found all the provisions of the Prevention of Money Laundering Act, 2002 as amended from time to …

Explained | Has bail under PMLA become near-impossible?
2 years, 7 months ago

Explained | Has bail under PMLA become near-impossible?

The Hindu  

The story so far: Recently, the Supreme Court in the case of Vijay Madanlal Chaudhary vs Union of India gave the judicial stamp of approval to the twin conditions of bail under Section 45 of the Prevention of Money Laundering Act, 2002. In the case of Nikesh Tarachand Shah vs Union of India, however, the Court differentiated between the wordings …

Explained | What has the Supreme Court said on PMLA’s validity?
2 years, 8 months ago

Explained | What has the Supreme Court said on PMLA’s validity?

The Hindu  

The story so far: The Supreme Court has upheld several provisions of the Prevention of Money Laundering Act that deal with a wide range of issues, from what constitutes the main offence to the powers of the Enforcement Directorate and the procedure for conducting searches and seizures and effecting arrests. The UN Convention against Transnational Organized Crime of 2000 also …

SC upholds ED\'s powers under stringent PMLA
2 years, 8 months ago

SC upholds ED\'s powers under stringent PMLA

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday upheld the validity of various stringent provisions of the Prevention of Money Laundering Act empowering the Enforcement Directorate to arrest, provisionally attach properties suspected to be the proceeds of crime and is not bound to supply a copy of the ECIR at the time of detaining an accused in a money laundering case. …

Keeping the ED impartial, apolitical
2 years, 8 months ago

Keeping the ED impartial, apolitical

Hindustan Times  

The Supreme Court backed the powers of the Enforcement Directorate under the 2002 Prevention of Money Laundering Act on Wednesday, holding that stringent provisions of attachment of property and arrest were constitutional and didn’t suffer from arbitrariness. The SC also said that supply of the Enforcement Case Information Report — the equivalent of the First Information Report — in every …

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