'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...

Whether Adjudicating Authority Under PMLA Ought To Have One Judicial Member? Supreme Court To Consider

A Division Bench of the Supreme Court has passed an order directing that 6 cases, raising the issue whether Adjudicating Authority under Prevention of Money Laundering Act (PMLA) ought to have one Judicial Member, be placed before the Chief Justice of India so that they can be listed before one Bench.The order was passed by a bench of Justices Abhay S Oka and AG Masih in a special leave petition filed by the Enforcement Directorate, assailing an order of the Sikkim High Court whereby...

PMLA Review | Supreme Court Adjourns Hearing At Request Of Parties, Lists Matter On Nov 27

The Supreme Court today adjourned the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA). Next date given in the matter is November 27.A bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan passed the order, at a request made by the parties. While the petitioners submitted that Senior Advocate Kapil Sibal was on his legs in a part-heard, ED counsel Zoheb Hossain responded that ED was...

Exporter Is Eligible For Duty Drawback Once Export Proceeds Are Realized Within Stipulated Period As Per FEMA: Delhi HC

Finding that the payments were received by the bank from third parties, specifically named in the tripartite agreement, which was backed by a firm irrevocable purchase order, the Delhi High Court ruled that duty drawback could not be denied to an exporter. Since the e-BRCs were issued by the DGFT after verification from the bank confirming the receipt of payments, the High Court held that payments made to local supplier through banking channels, could not be regarded as non-existence, ...

Supreme Court To Lay Down Law On High Court's Power To Recall Pronounced Order And Rehear Case

The Supreme Court on Friday (October 4) said that it will lay down the law on whether a High Court can recall an order pronounced in the court and rehear the case.A bench of Justice Abhay Oka and Justice Augustine George Masih had on Monday expressed strong disapproval of the Madras High Court's decision to rehear a quashing petition in a money laundering case involving former Director General of Police (DGP) Jaffar Sait, despite having previously allowed the petition.The court had also...

Supreme Court Calls Madras High Court's Rehearing Of Previously Allowed Quashing Petition “Absolutely Wrong”

The Supreme Court on Monday (September 30) said that the Madras High Court's decision to rehear a quashing petition despite having previously quashed the case was “absolutely wrong”.“What is this practice? Now what is to be done? This is something which is completely wrong”, Justice Abhay Oka said.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the plea of retired Director General of Police (DGP) Jaffar Sait against the Madras High Court's decision to rehear his...

Prima Facie Case Under PMLA Exists Against Senthil Balaji: Supreme Court While Granting Bail

The Supreme Court while granting bail former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations observed that there is a prima facie case against him.While the bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the ground of delay in trial, it observed that there is no reason to doubt the incriminating files against Balaji at this stage.The Court noted that printed version of files from the pen drive seized from...