PMLA scorecard: 1,118 cases, trial over in only 36, convictions in 20
2 years ago

PMLA scorecard: 1,118 cases, trial over in only 36, convictions in 20

India Today  

The Prevention of Money Laundering Act, 2002, which came into effect from July 1, 2005, has often been criticised as tool of harassment used by the central government against Opposition leaders, more so during the reign of the Prime Minister Narendra Modi-led BJP government since 2014. Several politicians, including Congress leader Karti Chidambaram and former Jammu and Kashmir chief minister Mehbooba Mufti, had legally challenged various provisions of the PMLA in the Supreme Court. The junior finance minister’s response revealed that the agency has taken up investigation in around 87 cases under the PMLA against MPs, MLAs, and MLCs—both former and sitting—in the past five years. Since July 1, 2005, trial has been completed in only 36 cases by the special court and the remaining 1,082 cases are at various stages of trial.

Trial Pmla Ecir Special Court 20 Cases  20  cases  various  scorecard  36  trial  convictions  finance  special  court  ed  minister  1118  pmla  provisions

History of this topic

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC
4 days, 17 hours ago

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

Live Law  

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. Thus, the court held that the Special Court was competent and had …

911 PMLA Cases Filed During Last 5 Years
1 week, 5 days ago

911 PMLA Cases Filed During Last 5 Years

Deccan Chronicle  

New Delhi: The Finance Ministry stated that a total total of 911 PMLA cases were filed between January 1, 2019, and October 31, 2021 In a query, Surjewala asked the Finance Minister, seeking details about cases filed by the ED over the last five years. In a written reply to Surjewala's question, Pankaj Chaudhary, Minister of State for Finance, presented …

Someday You Must Find Out How Many PMLA Complaints Ended In Trial & Conviction: Supreme Court Tells ED
1 month ago

Someday You Must Find Out How Many PMLA Complaints Ended In Trial & Conviction: Supreme Court Tells ED

Live Law  

The Supreme Court on Monday once again expressed concerns about the low rate of convictions in the complaints filed under the Prevention of Money Laundering Act. Justice Abhay S Oka, heading a bench comprising Justice Ujjal Bhuyan, orally told the counsel of the Enforcement Directorate, "Someday you must find out how many cases of a complaint under PMLA have ended …

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice
1 month, 2 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, …

High Court Allows Criminal Revision Petition Against Conviction in PMLA Case
2 months, 1 week ago

High Court Allows Criminal Revision Petition Against Conviction in PMLA Case

Live Law  

The Madras High Court has ruled that the pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed with the PMLA trial. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the …

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
2 months, 3 weeks 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 …

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 …

A wave of SC verdicts declaw PMLA’s stringent bail provision
3 months, 3 weeks 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 …

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment
4 months ago

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment

Live Law  

The Supreme Court on Tuesday observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. A bench of Justice Abhay Oka and Justice Augustine George Masih had earlier raised the question of whether …

Over 5,200 Cases Filed under PMLA since 2014, But Convictions Only in 40, Govt Tells Parliament
4 months, 2 weeks ago

Over 5,200 Cases Filed under PMLA since 2014, But Convictions Only in 40, Govt Tells Parliament

News 18  

From 2014 to 2024, a total of 5,297 cases have been registered under the Prevention of Money Laundering Act, of which only 40 have seen convictions, the government told Parliament on Tuesday. While the Covid pandemic hit the country in 2019, the number of cases registered rose to 188, with four convictions. Then 2021 saw a peak, with 1,166 cases …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
7 months 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 case: ED must tell accused grounds of arrest, reaffirms top court
9 months 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 …

SC to hear petitions challenging its order upholding PMLA provisions tomorrow
1 year, 2 months ago

SC to hear petitions challenging its order upholding PMLA provisions tomorrow

Live Mint  

Supreme Court on Wednesday will hear the batch of petitions challenging the July 2022 judgment of the apex court which upheld the provisions of the Prevention of Money Laundering Act. Delhi excise policy case: CBI, ED tells Supreme Court contemplating making AAP accused A special bench of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, and Justice Bela M. Trivedi will …

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA
1 year, 8 months ago

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA

India Today  

The Supreme Court on Tuesday issued notice to the Centre and the Enforcement Directorate on a petition that has challenged the constitutionality of Section 50 and Section 63 of the Prevention of Money Laundering Act, 2022. READ | Explained: Supreme Court's big verdict on Prevention of Money Laundering Act During a brief hearing, senior advocate Kapil Sibal appeared for Singh …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court
2 years, 4 months ago

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13 read with Section 13 of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. In appeal, the bench comprising Justices Dinesh Maheshwari and …

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 …

Judgement on cases challenging PMLA act almost ready, says SC
2 years, 5 months ago

Judgement on cases challenging PMLA act almost ready, says SC

India Today  

Justice AM Khanwilkar of the Supreme Court on Friday indicated that the judgement in the cases challenging the validity of various sections of the Prevention of Money Laundering Act would likely be pronounced in the next few days. This is significant because the PMLA judgement will address several issues concerning investigative powers, witness summoning, ED arrest and seizure, and the …

Supreme Court Judgment On Interpretation Of PMLA Provisions Expected Soon : A Recap Of The Main Issues
2 years, 5 months ago

Supreme Court Judgment On Interpretation Of PMLA Provisions Expected Soon : A Recap Of The Main Issues

Live Law  

Upon reopening, the Supreme Court is expected to pronounce its judgment in the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002. The punishment and twin bail conditions are disproportional Though the punishment for money laundering is a maximum term of 7 years, which from a legislative perspective, is not a grave crime, the …

In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court
2 years, 7 months ago

In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court

Live Law  

The Supreme Court has observed that in cases of PMLA, Court cannot proceed on the basis of preponderance of probabilities. The Top Court had rendered this observation while considering a criminal appeal assailing Madras High Court's order dated February 4, 2021 wherein the High Court while dismissing the petition u/s 482 of CrPC held that the appellant's argument that the …

Centre defends in SC PMLA provision relating to power to arrest
2 years, 9 months ago

Centre defends in SC PMLA provision relating to power to arrest

The Hindu  

The Centre Tuesday defended in the Supreme Court the Prevention of Money Laundering Act provision relating to power to arrest saying adequate “safeguards” are provided in it and relevant records, including grounds for arrest and the material on the basis of which the conclusion has been arrived at, are placed before the concerned court for its perusal. The government told …

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 …

Section 45 of PMLA Will Apply Only If a Person Is Arrested by the Directorate of Enforcement: Delhi Court
2 years, 11 months ago

Section 45 of PMLA Will Apply Only If a Person Is Arrested by the Directorate of Enforcement: Delhi Court

Live Law  

A Delhi Court recently while granting bail to the Accused Persons in case concerning with the commission of offences under section Prevention of Money Laundering Act, observed that the provisions of Section 45 of PMLA will only apply if a person has been arrested by the Directorate of Enforcement. Senior Advocate Mr. Pramod Kumar Dubey, appearing for the Accused persons …

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
3 years, 9 months 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 …

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