Supreme Court pulls up ED for using PMLA to keep accused in jail
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 Chhattisgarh High Court. Order taking cognisance is quashed and the person is in custody," the top court bench said. The apex court was hearing an appeal of Mr.Tripathi, an Indian Telecom Services officer, challenging a Chhattisgarh High Court order denying him bail in connection with the high-profile liquor scam in the state.

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History of this topic

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

SC pulls up ED for using PMLA to keep accused in jail
1 month, 1 week 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 …

Anti-money laundering law not to ensure a person remains in jail: Supreme Court
1 month, 1 week ago

Anti-money laundering law not to ensure a person remains in jail: Supreme Court

India Today  

While granting bail to an accused in a money laundering case related to the alleged Chhattisgarh liquor scam, the Supreme Court on Wednesday remarked that the concept of Prevention of Money Laundering Act, 2002 cannot be to ensure that a person remains in jail. A bench led by Justice Abhay Oka called out the Enforcement Directorate for keeping the accused …

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

High Court quashes preventive detention of Nanded resident accused of extortion
1 month, 1 week ago

High Court quashes preventive detention of Nanded resident accused of extortion

India Today  

The Aurangabad bench of the Bombay High Court, while quashing a detention order against a Nanded resident, observed that merely possessing a khanjar did not create a law and order situation or cause a disturbance to public order. The bench of Justices Vibha Kankanwadi and Sanjay Deshmukh held that the allegations against petitioner Dipak alias Lolya Tarasingh Mohil alias Thakur …

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

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

PMLA case: ED must tell accused grounds of arrest, reaffirms top court
11 months, 3 weeks 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 …

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

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order
1 year, 7 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 …

Deep dive into top court’s verdict on PMLA ambit, ED powers
2 years, 7 months ago

Deep dive into top court’s verdict on PMLA ambit, ED powers

Hindustan Times  

The Supreme Court, by its judgment on Wednesday, approbated the wide powers of the Enforcement Directorate sanctioned under the 2002 Prevention of Money Laundering Act. Ratifying the agency’s powers to summon individuals, make arrests, conduct raids, and attach properties, the top court justified its special powers to tackle the “heinous” offence of money laundering. In Ishwar Singh Bindra & Ors …

Centre’s misuse of ED will increase after SC decision on PMLA, says Ashok Gehlot
2 years, 7 months ago

Centre’s misuse of ED will increase after SC decision on PMLA, says Ashok Gehlot

Hindustan Times  

Rajasthan chief minister Ashok Gehlot on Wednesday termed the Supreme Court’s decision to uphold the power of the Enforcement Directorate to make arrests in money laundering cases as disappointing and worrying and said that the possibility of ED’s political misuse by the Centre will increase after the SC judgement. Rajasthan chief minister Ashok Gehlot said that the pronouncement of the …

Supreme Court upholds powers of arrest, raids, seizure under PMLA
2 years, 7 months ago

Supreme Court upholds powers of arrest, raids, seizure under PMLA

The Hindu  

The Supreme Court on Wednesday upheld the core amendments made to the Prevention of Money Laundering Act, which gives the government and the Enforcement Directorate virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible while shifting the burden of proof of innocence on to the accused rather than the prosecution. The apex court called the PMLA …

Supreme Court upholds power of ED to arrest under PMLA
2 years, 7 months ago

Supreme Court upholds power of ED to arrest under PMLA

Hindustan Times  

The union government on Wednesday received a shot in the arm with the Supreme Court affirming the constitutional validity of the stringent provisions of the Prevention of Money Laundering Act. The bench, which will also comprise justices Dinesh Maheshwari and CT Ravi Kumar, held that the power given to ED for making arrests, conducting search and seizures and attach proceeds …

Supreme Court upholds stringent provisions of Money Laundering Act
2 years, 7 months ago

Supreme Court upholds stringent provisions of Money Laundering Act

Hindustan Times  

The Supreme Court on Wednesday upheld stringent provisions of the Prevention of Money Laundering Act in relation to expansive definition of proceeds of crime, search and seizure, power of arrest, attachment of properties and tough bail conditions. Prevention of Money Laundering Act: The Supreme Court delivered its verdict on a batch of petitions concerning the interpretation of certain provisions of …

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure
3 years, 1 month ago

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure

Live Law  

The Supreme Court on Wednesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002.The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submission Of CounselsSubstance Of PMLA Is That It's Impossible For Accused & Judge Per Se To Give Bail Which Amounts To. Explanation Under …

'Can't Put All People Behind Bars': CJI to ED on Indiscriminate Use of PMLA
3 years, 3 months ago

'Can't Put All People Behind Bars': CJI to ED on Indiscriminate Use of PMLA

The Quint  

The Supreme Court on Wednesday, 15 December, warned the Enforcement Directorate against "indiscriminate" use of the Prevention of Money Laundering Act, saying the law will lose its relevance. A bench, headed by Chief Justice NV Ramana and comprising Justices A.S. Bopanna and Hima Kohli, made strong remarks on the financial probe agency on the plea filed by Patna-based Usha Martin …

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court
3 years, 7 months ago

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court

Live Law  

While hearing a batch of pleas where an interim order staying arrest was granted in Prevention of Money Laundering Act cases, the Supreme Court today observed that there would be no stay in trial or investigation in cases where order of no coercive simpliciter has been passed. Listing down the sequence in which the Top Court would start considering the …

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
4 years ago

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court

Live Law  

The Bombay High Court recently held that the Enforcement Directorate could continue investigation into cases of money-laundering even after investigation into the base/scheduled offences were closed. Even if the Predicate/Scheduled Offence is compromised, compounded, quashed or the accused therein is/are acquitted, the investigation of ED under PMLA does not get affected, wiped away or ceased to continue." In Court, their …

Are Offences Under PMLA Cognizable Or Non-Cognizable? Delhi HC Bench Refers Issue, Related Queries To Larger Bench [Read Judgment]
7 years ago

Are Offences Under PMLA Cognizable Or Non-Cognizable? Delhi HC Bench Refers Issue, Related Queries To Larger Bench [Read Judgment]

Live Law  

Are the offences under the Prevention of Money Laundering Act cognizable or non cognizable? It is to be noted that in Vakamulla Chandrashekhar matter, a coordinate bench of the high court had held that even post amendment, Section 45 of the PMLA Act was cognizable. “Specific to the question whether the offences under PMLA were cognizable or non-cognizable, the Finance …

Sensitize Judicial Officers On Maximum Length Of Police Custody Under Prevention Of Money Laundering Act: Delhi HC To District And Sessions Judges [Read Judgment]
7 years, 6 months ago

Sensitize Judicial Officers On Maximum Length Of Police Custody Under Prevention Of Money Laundering Act: Delhi HC To District And Sessions Judges [Read Judgment]

Live Law  

The Delhi High Court recently requested District & Sessions Judges to sensitize judicial officers posted under their jurisdiction regarding the maximum period for which an accused can be kept in custody under the Prevention of Money Laundering Act, 2002.“It is trite that the Special Judge under Prevention of Money Laundering Act, 2002 /Magistrate is not a wing. The Delhi High …

Sensitize Judicial Officers On Maximum Length Of Police Custody Under Prevention Of Money Laundering Act: Delhi HC To District And Sessions Judges [Read Judgment]
7 years, 6 months ago

Sensitize Judicial Officers On Maximum Length Of Police Custody Under Prevention Of Money Laundering Act: Delhi HC To District And Sessions Judges [Read Judgment]

Live Law  

The Delhi High Court recently requested District & Sessions Judges to sensitize judicial officers posted under their jurisdiction regarding the maximum period for which an accused can be kept in custody under the Prevention of Money Laundering Act, 2002.“It is trite that the Special Judge under Prevention of Money Laundering Act, 2002 /Magistrate is not a wing. The Delhi High …

Breaking: HC Can’t Restrain Police From Arresting Accused, While Declining To Quash Case: SC [Read Judgment]
8 years, 2 months ago

Breaking: HC Can’t Restrain Police From Arresting Accused, While Declining To Quash Case: SC [Read Judgment]

Live Law  

Such directions “amounts” to an order under Section 438 CrPC, albeit without satisfaction of the conditions of the said provision, which is legally unacceptable, the Court said.The Supreme Court in State of Telangana vs. Habib Abdullah Jeelani & Ors. Such directions “amounts” to an order under Section 438 CrPC, albeit without satisfaction of the conditions of the said provision, which …

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