Prior sanction a must in PMLA cases against officials, says SC
1 month, 2 weeks ago

Prior sanction a must in PMLA cases against officials, says SC

Hindustan Times  

The Supreme Court on Wednesday ruled that prior sanction is mandatory to prosecute public servants in money laundering cases, establishing a key procedural safeguard under the stringent Prevention of Money Laundering Act and adding a layer of accountability to PMLA prosecutions involving public servants. The decision, rendered by a bench of justices Abhay S Oka and AG Masih, reinforced the application of Section 197 of the Code of Criminal Procedure in PMLA cases, mandating that no prosecution against a public servant can proceed without obtaining prior sanction from the competent authority. By applying Section 197 to PMLA prosecutions, the top court effectively created a check against arbitrary or politically motivated prosecutions of public servants, requiring prosecuting agencies to secure necessary approvals before pursuing allegations of money laundering. In this context, Section 197 requires prior approval for prosecuting public servants, a provision now clearly extended to money laundering investigations involving public officials.

Court Cases Public Servants Public Provision Servants Pmla Crpc Provisions Section 65 Section 71 Prior Sanction  crpc  officials  court  public  provisions  provision  prior  servants  cases  pmla  1971  cognisance  sanction  sc

History of this topic

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers
1 week, 3 days 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 …

Prosecution sanction for Kejriwal in excise case enough for money laundering trial: ED
3 weeks, 4 days 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 …

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection
1 month ago

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection

Hindustan Times  

Senior Congress leader and former Union minister P Chidambaram on Wednesday succeeded in getting the trial proceedings against him in the Aircel-Maxis case stayed, while former Delhi chief minister Arvind Kejriwal moved the Delhi high court demanding a similar relief in the Delhi excise policy case -- developments that have put the spotlight on a November 6 Supreme Court ruling, …

Sanction to prosecute public servants must in money laundering cases too: Court
1 month, 2 weeks ago

Sanction to prosecute public servants must in money laundering cases too: Court

India Today  

The Supreme Court has ruled that the requirement for prior government sanction to prosecute public servants, as mandated under the Code of Criminal Procedure, also applies to complaints involving money laundering cases. The Telangana High Court had earlier set aside a trial court's order that had taken cognisance of the Enforcement Directorate's 's prosecution complaint on money laundering charges against …

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report
3 months ago

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report

The Hindu  

India should aim to reduce the number of pending trials in money laundering cases by making major changes to increase the capacity of the court system, and potentially the capability of the Enforcement Directorate, as per the Financial Action Task Force mutual assessment report of India. Saturation of system The report said the limited number of specialised prosecutors in ED …

The Right To Bail Under Prevention Of Money Laundering Act: Balancing Justice And Liberty?
3 months, 1 week 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 …

Why is sanction for prosecution needed?
3 months, 4 weeks ago

Why is sanction for prosecution needed?

The Hindu  

The story so far: The issue of granting sanction to prosecute a public servant has once again come to the fore, following Karnataka Governor Thawar Chand Gehlot’s approval to open an investigation against Chief Minister Siddaramaiah and to prosecute him in connection with alleged irregularities in the allotment of compensatory plots to his wife whose land had been lost to …

Money Laundering : A Process Or A Punishment
1 year, 3 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 …

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action
1 year, 7 months ago

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action

Live Law  

The Delhi High Court had warned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 to not use “disconcerting language” in its orders and said that repeated use of “template paragraphs” is not permissible. Justice Prathiba M Singh directed the Appellate Tribunal under PMLA to ensure that the Adjudicating Authority abides by the principles of natural. Justice Prathiba M …

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court
1 year, 7 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 …

PMLA verdict — due process will be bulldozed
2 years, 4 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 | What has the Supreme Court said on PMLA’s validity?
2 years, 4 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 …

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act
2 years, 4 months ago

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act

The Hindu  

Narrow view The Supreme Court’s verdict upholding all the controversial provisions of the Prevention of Money Laundering Act falls short of judicial standards of reviewing legislative action. Undergirding every aspect of its analysis is a belief that India’s commitment to the international community on strengthening the domestic legal framework for combating money-laundering is so inviolable that possible violation of fundamental …

Deep dive into top court’s verdict on PMLA ambit, ED powers
2 years, 4 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 …

SC upholds ED\'s powers under stringent PMLA
2 years, 4 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. …

Decoding the big SC verdict on Prevention of Money Laundering Act
2 years, 4 months ago

Decoding the big SC verdict on Prevention of Money Laundering Act

India Today  

In an important judgment on Wednesday, the Supreme Court upheld the provisions of the Prevention of Money Laundering Act and retained the powers of the Enforcement Directorate. The Parliament in its wisdom has regarded the property derived or obtained as a result of specified criminal activity, being an offence under the concerned legislation mentioned in the Schedule.” ON TWIN BAIL …

Supreme Court upholds powers of arrest, raids, seizure under PMLA
2 years, 4 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, 4 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 …

Money laundering: SC upholds ED’s power to arrest under PMLA
2 years, 4 months ago

Money laundering: SC upholds ED’s power to arrest under PMLA

Live Mint  

The Supreme Court has upheld the power bestowed upon the Enforcement Directorate to arrest under the Prevention of Money Laundering Act. The Supreme Court announced on July 15 that its decision regarding the arguments against the Prevention of Money Laundering Act's provisions is "nearly ready." Mufti contested Section 50's constitutionality as well as any ancillary sections of the 2002 Prevention …

Supreme Court upholds stringent provisions of Money Laundering Act
2 years, 4 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 …

Supreme Court to deliver verdict on pleas against Money Laundering Act today
2 years, 4 months ago

Supreme Court to deliver verdict on pleas against Money Laundering Act today

Hindustan Times  

The Supreme Court on Wednesday will deliver its judgment on a clutch of petitions challenging the validity of a slew of stringent provisions added to the Prevention of Money Laundering Act. A bench, headed by justice AM Khanwilkar, will pronounce its verdict on a spectrum of issues pertaining to the rigorous provisions enunciated under PMLA and the wide powers accorded …

Supreme Court decision on ambit of money laundering law, power of probe agencies today
2 years, 4 months ago

Supreme Court decision on ambit of money laundering law, power of probe agencies today

India Today  

The Supreme Court will deliver the judgment on petitions challenging the constitutionality of several provisions of the Prevention of Money Laundering Act tomorrow. The judgement assumes significance as it will address several issues concerning investigative powers, witness summoning, arrests and seizures made by the Enforcement Directorate, and the bail process under the PMLA law. The ruling will have a huge …

Only 313 Arrests Under PMLA In 20 Years; Strict Safeguards Are There : Solicitor General Tells Supreme Court
2 years, 10 months ago

Only 313 Arrests Under PMLA In 20 Years; Strict Safeguards Are There : Solicitor General Tells Supreme Court

Live Law  

"There may be some leeway to the legislature if there is no violation of any fundamental rights", he prayed. That gave several guidelines as to how the definition is to be framed, what should be the regime etc" "Ultimately, that led to one body which is also mentioned in the preamble to the Act- the Financial Action Task Force- it …

Very concept of offence of money laundering in PMLA is very wide: SC
2 years, 10 months ago

Very concept of offence of money laundering in PMLA is very wide: SC

The Hindu  

The Supreme Court on February 22 said the very concept of the offence of money-laundering in the Prevention of Money Laundering Act is “very wide” and any activity connected with the proceeds of crime is encompassed within the expression of Section 3 of the legislation. Section 3 of the PMLA says whosoever directly or indirectly attempts to indulge or knowingly …

Low Conviction Rates In ED Cases Not A Ground To Decide Validity Of PMLA Provisions, Says Supreme Court During Hearing
2 years, 10 months ago

Low Conviction Rates In ED Cases Not A Ground To Decide Validity Of PMLA Provisions, Says Supreme Court During Hearing

Live Law  

On Wednesday, Senior Advocate Maneka Guruswamy, for one of the petitioners, had told the Court that of the 1700 raids conducted and 1569 specific investigations by the ED- with rates increasing by 20% every year, and then doubling and tripling- since 2011, only 9 convictions have been secured. What has happened and what has not happened in a particular individual …

PMLA Interpretation: Senior Lawyers Question Constitutionality Of Bail, Arrest & Attachment Procedure
2 years, 10 months 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 …

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court
2 years, 10 months ago

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court

Live Law  

The Supreme Court on Tuesday 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.Submissions Of Senior Advocate AM SinghviSection 24 Gives Presumption Regarding The Offense Without Giving Any Safeguard With. Submissions Of Senior Advocate AM Singhvi …

Supreme Court Adjourns Pleas Challenging Provisions Of PMLA For January 25
2 years, 11 months ago

Supreme Court Adjourns Pleas Challenging Provisions Of PMLA For January 25

Live Law  

The Supreme Court today adjourned the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act for January 25, 2022.Since the batch of pleas were listed for January 11, 2022 Senior Advocate Kapil Sibal today mentioned the matter before the bench headed by Justice AM Khanwilkar for adjourning the matter for 4-6 weeks. The Supreme Court …

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court
3 years, 4 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 IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?
3 years, 7 months ago

[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?

Live Law  

Recently, the Madras High Court asked the Enforcement Directorate to continue with their investigation into alleged money laundering even after the petitioner submitted that the Central Bureau of Investigation had quashed the original case, based on which ED had initiated their investigation. One then wonders how PMLA can become independent; meaning, why should an accused face trial for money laundering …

Discover Related