PMLA&FEMA
Being 'Sick And Infirm' Not Automatic Passport For Bail In PMLA, Medical Plea Can't Override Gravity Of Offence: Delhi High Court
Underscoring that being “sick and infirm” is not an automatic passport for bail in PMLA cases, the Delhi High Court has observed that medical plea cannot override the gravity of offence of money laundering. Justice Ravinder Dudeja observed that illness warrants bail only when treatment in custody is clearly inadequate. “Therefore, the medical plea cannot override the gravity of the offence, societal interest, and the statutory rigour governing such matters,” the Court said. The judge made the...
[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court
The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The Court said that the impugned order failed to...
Supreme Court Refuses To Entertain Ex-Chhattisgarh CM Bhupesh Baghel's Challenge To S.44 PMLA On ED's Further Investigation Powers
While refusing to entertain former Chhattisgarh Chief Minister Bhupesh Baghel's challenge to the constitutional validity of Section 44 of PMLA, the Supreme Court today allowed persons aggrieved by violations of 'further investigation' powers of Enforcement Directorate to approach jurisdictional High Courts.Briefly put, Baghel's petition assailed the Explanation to Section 44 PMLA as per which “the complaint shall be deemed to include any subsequent complaint in respect of further investigation...
'HC Interfered Prematurely' : Supreme Court On Delhi HC Deferring PMLA Charge Hearing Against Karti Chidambaram MP
The Supreme Court today issued notice on Enforcement Directorate's plea against a Delhi High Court order which deferred arguments on charge against Congress MP Karti Chidambaram in the PMLA proceedings related to Chinese visa and Aircel Maxis cases.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, after hearing Additional Solicitor General SV Raju (for ED), who questioned why PMLA trial should await framing of charges in the predicate offense.At first, Justice Kant expressed...
Supreme Court Orders Release Of Rs.1 Crore Deposited By Lok Sabha MP Karti P Chidambaram As Pre-Condition For Foreign Travel
The Supreme Court today ordered release of Rs.1 crore amount deposited by Lok Sabha MP Karti P Chidambaram with the Court's Secretary General as a pre-condition for foreign travel in 2022.A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh passed the order, noting that pursuant to the 2022 order, Chidambaram travelled abroad and deposited his passport with the Investigating Officer after coming back to India."Miscellaneous application is allowed and amount of Rs.1 crore...
PMLA Review Hearing : Live Updates From Supreme Court
The Supreme Court is hearing the review petitions filed against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the various provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search & seizure, reverse burden of proof, non-supply of ECIR copy etc.A bench comprising Justice Surya Kant, Justice Ujjal Bhuyan and Justice NK Singh has decided to hear the preliminary objections raised by the Enforcement Directorate and the Union to the...
Supreme Court Asks Ex-Chhattisgarh CM Bhupesh Baghel, Son To Approach High Court For Interim Reliefs In Liquor 'Scam' & Other Cases
The Supreme Court on Monday (August 4) asked former Chhattisgarh Chief Minister Bhupesh Baghel and his son Chaitanya Baghel to approach the Chhattisgarh High Court for interim reliefs in the Coal 'scam' cases, Liquor 'scam' cases, Mahadev betting app cases, Rice milling cases and DMF 'scam' cases lodged by the Enforcement Directorate, CBI and State Police.Briefly put, Chaitanya Baghel (who was arrested 2 weeks ago) questioned the necessity of his arrest and sought interim bail in the ED case...
Supreme Court To First Hear ED's Objections To Maintainability Of Review Petitions Against Judgment Upholding PMLA Provisions
The Supreme Court on Thursday (July 3) observed that it will first hear the issue of maintainability of the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA), before going into other issues raised by the petitioners.Clarifying the above, a bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh posted the review petitions for hearing on August 6.During the brief hearing today,...
Supreme Court Stays PMLA Trial In Case Where Chargesheet In Predicate Offence Not Filed For 7 Yrs
The Supreme Court recently stayed trial against 4 accused in a case under the Prevention of Money Laundering Act where chargesheet had not been filed in the predicate offense since 7 years. A bench of Justices Vikram Nath and Sandeep Mehta passed the order after hearing Senior Advocate PB Suresh (on behalf of the petitioners), who argued that the petitioners were not named in the predicate offense and questioned how trial could proceed in the PMLA case when chargesheet had not been filed in...
'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court
The Calcutta High Court has set aside an order taking cognizance of proceedings initiated under the Prevention of Money Laundering (PMLA) Act, upon observing that cognizance had been taken by the special court, without complying with the mandatory requirement of holding a pre-cognizance hearing under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice Sabyasachi Bhattacharya held: "In view of the above findings, the impugned order dated February 15, 2025, taking cognizance of...
Whether Discharge In Predicate Offence Automatically Invalidates PMLA Proceedings? Supreme Court To Consider
The Supreme Court is set to consider the issue as to whether discharge in the predicate/scheduled offence would automatically invalidate proceedings initiated under the Prevention of Money Laundering Act.A bench of Justices Surya Kant and Joymalya Bagchi is dealing with the challenge to a Jammu and Kashmir and Ladakh High Court order, which held that discharge in the predicate offence does not automatically invalidate PMLA proceedings.Notice was issued on the petition in the parting Court...