PMLA
Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers
The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only 40 cases.In the evolving jurisprudence of the Prevention of Money Laundering Act (PMLA), the Punjab and...
ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court
The Supreme Court on Wednesday (December 11) held that while the Enforcement Directorate (ED) and its director can give instructions related to facts of a case to prosecutors, they cannot dictate the prosecutors' actions in court.“We may also note here that the Enforcement Directorate and its Director can give instructions to public prosecutors on facts of the case. However, the Enforcement Directorate or its Director cannot give any instructions to the public prosecutor about what he ought to...
[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. The alleged victims were from countries such as the US, UK, Germany, Australia, etc.Justice Suvra Ghosh held: The charge sheet of the scheduled offence does not name the victims who are undoubtedly the best persons to substantiate the allegations against the...
Supreme Court Flags “Disturbing Features” In ED's Arrest Of Ex-IAS Officer In Chhattisgarh Liquor Scam
The Supreme Court on Friday (December 6) highlighted “disturbing features” of the arrest of former IAS officer Anil Tuteja by the Enforcement Directorate (ED) in a money laundering case connection with the Chhattisgarh liquor scam andA 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 and then shown as arrested only at 4 am in the morning.“We must record a very disturbing feature of...
Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC
The Delhi High Court has held that the condition of supplying the “reasons to believe” by ED to a person arrested under PMLA as a separate document as per Supreme Court's ruling in Arvind Kejriwal case ought to be applied prospectively. Justice Anish Dayal said that the ED could not be expected to comply with the additional condition, if the arrest was made in the pre-Arvind Kejriwal judgment period. On July 12, the Supreme Court, while granting bail to Kejriwal in the liquor policy case, had...
Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
The Supreme Court on Wednesday (November 27) expressed that it will require persons accused of money laundering to file undertaking that they will not seek adjournments and delay trial before granting bail on the ground that trial is delayed.“So this is the course we want to adopt now if we are granting bail on the ground that the matter is not progressing. Interests will be balanced. Unless we find that something is really there on merits. That is a different case, we will grant bail on...
Congress Leader P Chidambaram Moves Delhi High Court Against Trial Court Taking Cognizance Of ED Chargesheet In INX Media Case
Senior Congress leader P. Chidambaram has moved the Delhi High Court challenging a trial court order which took cognizance of the chargesheet filed against him by the Enforcement Directorate (ED) in the money laundering case connected to the INX Media case.Senior Advocate N Hariharan appearing for Chidambaram submitted before Justice Manoj Kumar Ohri on Thursday that mandatory sanction to prosecute the Congress leader was not obtained by the prosecuting agency in the case. Apart from the...
'ED Wants To Keep Accused In Detention Without Trial' : Court Asks ED Director To Ensure Bails Aren't Opposed When Agency Delays Trials
While granting bail to an accused in the money laundering case connected to alleged Delhi Waqf Board scam, a Delhi Court yesterday rapped the Enforcement Directorate (ED) for causing delay in trial of about five months. “The state and its agency are expected to be equal votaries of liberty. Instead of channelizing their energy and resources for speedy trial, it appears that the entire thrust of the prosecuting agency is to keep the accused in detention without trial,” Special judge Jitendra...
'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused
The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for wilful disobedience of the order.The Court said that it is a “sorry state of affairs” that the medical...
Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Cognizance Of ED Chargesheet, No Stay Granted Today
The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party (AAP) Chief Arvind Kejriwal challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri granted time to ED to respond to the plea. However, the Court did not pass any order in the stay application for today.Senior Advocates N Hariharan and Rebecca M John along with Advocates Vivek Jain and...