Cannot arrest for not responding to questions: Supreme Court tells ED
1 year, 2 months ago

Cannot arrest for not responding to questions: Supreme Court tells ED

Hindustan Times  

The Enforcement Directorate cannot arrest anyone under the Prevention of Money Laundering Act for failing to respond to agency’s questions, or for a mere non-cooperation in response to summons, the Supreme Court has held, adding it is not legitimate for the federal anti-money laundering agency to expect an admission of guilt from a person called for interrogation. The Supreme Court’s judgment circumscribing Enforcement Directorate’s vast powers to make arrests and prescribing necessary conditions came over a year after a three-judge bench affirmed the sweeping powers given to ED under the 2002 Act. HT reported on Wednesday that the judgment quashed the arrest of Pankaj and Basant Bansal, two directors of real estate firm M3M, and ruled that ED is bound to provide a copy of the grounds of arrest to accused under PMLA Section 19, adding that mere verbal information would be construed as a breach of the Constitutional rights of the arrested person. The top court’s judgment circumscribing ED’s vast powers to make arrests and prescribing necessary conditions came over a year after a three-judge bench affirmed the sweeping powers given to ED under the 2002 Act for summoning individuals, making arrests, conducting raids, and attaching properties of the suspects, saying that law enforcement agencies must be armed with an effective mechanism to safeguard the nation’s wealth from criminals. In order to enable a person to be apprised of the reasons of his arrest and be able to make out a case before a court of law for bail, the top court ordered that “it would be necessary, henceforth, that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.” Read here: “Atrocious crime”: SC junks bail plea of Coimbatore serial blast convicts The latest judgment, marking afresh the limits of ED’s powers in the matters of arrests, came at a time when another three-judge bench has scheduled a hearing for October 18 to examine the correctness of the July 2022 judgment and take a call on referring the matter to a Constitution bench.

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History of this topic

Supreme Court Flags “Disturbing Features” In ED's Arrest Of Ex-IAS Officer In Chhattisgarh Liquor Scam
2 weeks, 4 days ago

Supreme Court Flags “Disturbing Features” In ED's Arrest Of Ex-IAS Officer In Chhattisgarh Liquor Scam

Live Law  

The Supreme Court on Friday highlighted “disturbing features” of the arrest of former IAS officer Anil Tuteja by the Enforcement Directorate in a money laundering case connection with the Chhattisgarh liquor scam and A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih noted that Tuteja was taken by ED from the ACB office, interrogated throughput the night …

Unconstitutional Practices Exposed: Supreme Court Warns Against Overnight Grilling of IAS Officer
2 months ago

Unconstitutional Practices Exposed: Supreme Court Warns Against Overnight Grilling of IAS Officer

Hindustan Times  

The Supreme Court has slammed the Enforcement Directorate (ED) for its 'unpardonable' acts of calling persons at short notice, keeping them awake through the night and then arresting them the next day. The court expressed concerns about the arrest and interrogation techniques practiced by the agency, questioning the legality of the nocturnal questioning and the subsequent arrest of a retired …

SC defers to Aug 28 hearing on pleas seeking reconsideration of 2022 PMLA verdict
4 months, 2 weeks ago

SC defers to Aug 28 hearing on pleas seeking reconsideration of 2022 PMLA verdict

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday deferred to August 28 the hearing on the question whether its 2022 verdict upholding the Enforcement Directorate's powers to arrest and attach property under the Prevention of Money Laundering Act required any reconsideration.As the hearing commenced, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, told a three-judge bench headed by Justice Surya …

ED cannot make arrests under PMLA on a whim, says SC
5 months, 1 week ago

ED cannot make arrests under PMLA on a whim, says SC

The Hindu  

The Supreme Court on July 12 held that the power to arrest under the Prevention of Money Laundering Act cannot be exercised on the “whims and fancies” of Directorate of Enforcement officers. Highlighting that PMLA allowed arrests on the subjective opinion of ED officers, the court said an officer’s “reasons to believe” that a person was guilty and deserved arrest …

Supreme Court To Deliver Judgment On Arvind Kejriwal's Challenge To ED Arrest Tomorrow
5 months, 1 week ago

Supreme Court To Deliver Judgment On Arvind Kejriwal's Challenge To ED Arrest Tomorrow

Live Law  

The Supreme Court will pronounce verdict tomorrow on Delhi Chief Minister Arvind Kejriwal's petition challenging arrest by the ED in the liquor policy case.A bench comprising Justices Sanjiv Khanna and Dipankar Datta had reserved the judgment on May 17.Kejriwal was arrested by the Enforcement Directorate on March 21, after the Delhi High Court refused to grant him interim protection earlier. …

SC to pronounce verdict on Kejriwal's appeal against ED arrest
5 months, 1 week ago

SC to pronounce verdict on Kejriwal's appeal against ED arrest

New Indian Express  

NEW DELHI: The Supreme Court on Friday, July 12, would pronounce the verdict on the appeal filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest and remand by the Enforcement Directorate in the Delhi excise policy case. A two-judge bench of the top court, led by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta, had reserved the judgment …

Supreme Court limits ED’s power to arrest PMLA accused
7 months, 1 week ago

Supreme Court limits ED’s power to arrest PMLA accused

The Hindu  

The Supreme Court on Thursday gave a fillip to the right to personal liberty by holding that a person summoned by a designated special court under the Prevention of Money Laundering Act, is presumed to be not in custody and need not apply for bail under the draconian conditions posed by the anti-money laundering law. “If the accused appears before …

Supreme Court rules ED cannot arrest accused after special court takes cognisance of complaint | DETAILS
7 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 …

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment
7 months, 1 week ago

Probe agencies must give written grounds of arrest in UAPA cases, Supreme Court declares in NewsClick judgment

The Hindu  

The Supreme Court on May 15 held that the right to life and personal liberty is the most sacrosanct of fundamental rights while declaring that investigating agencies should provide people arrested under the Unlawful Activities Prevention Act with a written copy of information specifying the grounds of their arrest. Gavai and Sandeep Mehta applied its earlier judgment in the Pankaj …

SC Questions Timing of Arvind Kejriwal's Arrest, Seeks Reply from ED
7 months, 3 weeks ago

SC Questions Timing of Arvind Kejriwal's Arrest, Seeks Reply from ED

Deccan Chronicle  

NEW DELHI: The Supreme Court on Tuesday questioned the Enforcement Directorate on the timing of Delhi Chief Minister Arvind Kejriwal’s arrest ahead of the general elections and sought a reply from the agency. Noting that “life and liberty are exceedingly important, you can’t deny that,” a bench of Justices Sanjiv Khanna and Dipankar Datta asked Additional Solicitor General S.V. The …

ED to SC: Kejriwal desperately tried to skip appearance
7 months, 4 weeks ago

ED to SC: Kejriwal desperately tried to skip appearance

New Indian Express  

NEW DELHI: The Enforcement Directorate probing the liquor scam case has submitted its reply to the Supreme Court saying that Delhi Chief Minister Arvind Kejriwal had desperately tried to save himself from appearance before it by allegedly evading the nine summonses. The ED reply on Wednesday came in compliance with the SC’s earlier orders asking the agency to file its …

Delhi HC to hear Arvind Kejriwal’s plea against ED summons on May 15
8 months ago

Delhi HC to hear Arvind Kejriwal’s plea against ED summons on May 15

The Hindu  

The Delhi High Court on April 22 listed for hearing on May 15 Chief Minister Arvind Kejriwal's petition challenging the summonses issued to him by the Enforcement Directorate in connection with its probe into an excise policy-linked money laundering case. A Bench headed by Justice Suresh Kumar Kait granted time to the Aam Aadmi Party leader, arrested by the agency …

ED uses Delhi CM’s statement in HC affidavit against his plea
8 months, 3 weeks ago

ED uses Delhi CM’s statement in HC affidavit against his plea

Hindustan Times  

The Enforcement Directorate on Tuesday filed an affidavit in the Delhi high court, opposing chief minister Arvind Kejriwal’s petition against his arrest and detention in relation to alleged irregularities in the excise policy case by using Kejriwal’s statements to a trial court — that he had no objection to a further extension of his remand. On March 28, the special …

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 …

Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court
11 months, 2 weeks ago

Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court

Live Law  

The Delhi High Court on Monday observed that oral communication of “grounds of arrest” to an accused is proper compliance of Section 19 of Prevention of Money Laundering Act, 2002, for arrests made prior to the Supreme Court ruling in Pankaj Bansal v. Union of India, delivered on October 3, 2023. The court observed that at the time of Singal's …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order
1 year, 5 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 …

Explained | Senthilbalaji case: What has the SC said about ED’s powers to arrest and seek custody in the past?
1 year, 5 months ago

Explained | Senthilbalaji case: What has the SC said about ED’s powers to arrest and seek custody in the past?

The Hindu  

The story so far: In a major setback to Tamil Nadu Minister V. Senthilbalaji, the Madras High Court on July 14 upheld the legality of his arrest by the Enforcement Directorate and his subsequent remand in judicial custody in a money-laundering case linked to a cash-for-jobs scam. Justice C.V. Karthikeyan delivered the ruling on a habeas corpus petition filed by …

Supreme Court paves way for probe to continue against T.N. Minister Senthilbalaji, allows ED to initiate proceedings
1 year, 7 months ago

Supreme Court paves way for probe to continue against T.N. Minister Senthilbalaji, allows ED to initiate proceedings

The Hindu  

The Supreme Court on May 16 paved the way for the Crime Branch investigation to continue against Tamil Nadu Minister V. Senthilbalaji, who is accused of taking bribes in exchange for jobs in the Metro Transport Corporation. A Bench of Justices Krishna Murari and V. Ramasubramanian set aside a Madras High Court order of October 31 last year, directing de …

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 …

DK Basu Guidelines Violated: Madras HC Initiates Suo Moto Contempt Proceedings Against DGP & Other Police Officials Over Lawyer's Arrest In 2017
2 years, 1 month ago

DK Basu Guidelines Violated: Madras HC Initiates Suo Moto Contempt Proceedings Against DGP & Other Police Officials Over Lawyer's Arrest In 2017

Live Law  

The Madras High Court on Monday initiated suo moto contempt proceedings against the Director General of Police and other police officials for prima facie flouting the guidelines issued by the Supreme Court in DK Basu's case, while arresting a lawyer in 2017. Competent authorities / police officials violating the orders of the Hon'ble Supreme Court / Rule of law must …

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1
2 years, 3 months ago

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1

Live Law  

A Constitution Bench of the Supreme Court will commence hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution of India, 1950, from 1st November, 2022. Senior Advocate, Mr. Arvind Datar apprised the Bench of the crux of the …

SC to review PMLA verdict which upheld ED\'s powers, sends notice to Centre
2 years, 3 months ago

SC to review PMLA verdict which upheld ED\'s powers, sends notice to Centre

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday agreed to examine a plea seeking a review of the PMLA verdict which upheld the Enforcement Directorate's powers, including those relating to arrest, and sought response from the Centre on the issue. A bench headed by Chief Justice N V Ramana said prima facie two issues, including not providing Enforcement Case Information Report, …

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA
2 years, 3 months ago

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA

News 18  

The Supreme Court on Wednesday agreed to take a relook at its July 27 PMLA judgment upholding Enforcement Directorate’s power to arrest under the stringent law. The Supreme Court was hearing a review petition on its verdict on the money laundering Act — Prevention of Money Laundering Act — days after it upheld ED power to arrest under the stringent …

DC Edit | Larger bench should review legality of ED\'s wide powers
2 years, 4 months ago

DC Edit | Larger bench should review legality of ED\'s wide powers

Deccan Chronicle  

It was a landmark observation made by the Supreme Court of India when, while reflecting on the argument of the Central government that a canon of natural justice on presumption of innocence was not a constitutionally guaranteed fundamental right, it said that the principle of innocence of an accused could be interdicted by a law made by the Centre or …

SC upholds ED power to arrest under PMLA; orders enhanced pay scale for judicial officers
2 years, 4 months ago

SC upholds ED power to arrest under PMLA; orders enhanced pay scale for judicial officers

Firstpost  

The SC on Wednesday upheld the ED powers relating to arrest, attachment of property involved in money laundering, search and seizure under PMLA that were challenged by multiple petitioners including Karti Chidambaram. New Delhi: The Supreme Court Wednesday upheld the Enforcement Directorate’s powers relating to arrest, attachment of property involved in money laundering, search and seizure under the Prevention of …

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