Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case

The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in a few exceptional cases, the maximum sentence can be of seven years. Reiterating that keeping the accused in custody by using Section 45 PMLA as a tool...

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate (ED) complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation is not fully completed.This, as per the Court, can be done especially in light of the Explanation-II introduced in the...

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

The Supreme Court on Monday (November 18) once again expressed concerns about the low rate of convictions in the complaints filed under the Prevention of Money Laundering Act (PMLA).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 with trial and how many have resulted in a conviction."The observation was made while considering a bail...

Punjab & Haryana High Court Dismisses Ex-MLA Dilbag Singh's Plea Challenging ED's Provisional Attachment Order In Illegal Mining Case

The Punjab and Haryana High Court has dismissed a plea filed by Indian National Lok Dal's former MLA Dilbagh Singh and others, challenging the Provisional Attachment Order (PAO) passed by the Enforcement Directorate in connection with money laundering allegations in an illegal mining case.A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal opined that the PAO complied with the mandatory provisions of Section 5(1) of PMLA which allows the Director or any other officer not...

Liquor Policy: Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Maintainability Of ED Complaint

Former Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal moved the Delhi High Court on Tuesday (November 12) challenging the maintainability of complaint filed by the Enforcement Director's (ED) in the alleged liquor policy scam. He has challenged a a trial court order passed on September 17 rejecting his plea challenging the summons issued to him on ED's complaint.A single judge bench of Justice Manoj Kumar Ohri issued notice in the plea and sought ED's response in the...

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. The election being scheduled for November 13, Yadav has been directed to be released till November 14, on which date he shall surrender before jail authorities by 5 pm.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High...

'Candidates Have Won Elections In India Even From Jail ': Supreme Court To PMLA Accused Seeking Interim Bail To Contest Jharkhand Assembly Elections

While hearing the plea of one Subhash Prasad Yadav, seeking interim/provisional bail in a money laundering case for the purpose of contesting Jharkhand Assembly elections, the Supreme Court today remarked that in India, even jailed candidates have gotten elected."Candidates in the last (assembly) election had won even from jail", said Justice Dipankar Datta, while Justice Surya Kant pointed to the victories of jailed candidates (Amritpal Singh and Engineer Rashid) even in the last Lok Sabha...

PMLA | Bail Can Be Granted To Accused If Trial Is Not Likely To Be Concluded In Near Future: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that bail can be granted to the accused under the Prevention of Money Laundering Act, 2002 (PMLA) if the trial is not likely to be concluded soon if the circumstances so warrant.These observations were made while granting bail to Aam Admi Party (AAP) MLA Jaswant Singh in a money laundering case.Justice Mahabir Singh Sindhu noted that Singh has been in custody since 06.11.2023. The complaint was filed on 04.01.2024. As per the stand taken by the E.D....

S. 197 CrPC Applies To PMLA : Supreme Court Holds Prior Sanction Mandatory To Prosecute Public Servants For Money Laundering Offence

The Supreme Court held today that section 197(1) of CrPC, which provides that prior sanction from the government is required to prosecute public servants and judges for offences alleged while discharge of public duties, will apply to cases under the Prevention of Money Laundering Act.A bench of Justice Abhay Oka and Justice Augustine George Masih dismissed an appeal by the Directorate of Enforcement challenging Telangana High Court's order that set aside cognizance orders against two IAS...

Relying On Kejriwal's Case, Man Booked Under PMLA Moves Supreme Court Seeking Interim Bail To Contest Jharkhand Assembly Elections

The Supreme Court today issued notice on one Subhash Prasad Yadav's plea assailing rejection of his writ petition seeking interim/provisional bail in a money laundering case for the purpose of contesting Jharkhand Assembly elections.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order, while orally instructing that proof in support of the claim that he is contesting the Jharkhand Assembly elections be shown.Reportedly,...

ED Moves Supreme Court Against Madras HC Order Restraining Probe Under PMLA Into Alleged Illegal Sand Mining

The Enforcement Directorate has approached the Supreme Court against a Madras High Court judgment which restrained it from carrying out investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining.The matter was listed today before a bench of Justices Sanjiv Khanna and Sanjay Kumar which, without issuing notice at this stage, asked the parties to file their notes on the aspect of provisional attachment under PMLA in absence...

'Will Take ED Officers To Task' : Supreme Court Frowns Upon ED's Overnight Questioning; Terms It 'Unpardonable'

The Supreme Court on Monday (October 21) questioned the manner in which retired IAS Officer Anil Tuteja was interrogated by the Enforcement Directorate in the alleged liquor scam case in Chhattisgarh.A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing petition filed by Tuteja challenging the Chhattisgarh High Court's refusal to quash corruption and money laundering charges against him in connection with the alleged liquor scam in the state. Justice Oka compared money...