PMLA
Delhi Court Orders Release Of AAP MLA Amanatullah Khan In Waqf Board PMLA Case
A Delhi Court on Thursday ordered the release of Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Special Judge Jitender Singh refused to take cognizance of ED's supplementary chargesheet against Khan under PMLA for the lack of requisite sanction in terms of Section 197 (1) of Cr.P.C.“In the case in hand, there is no legal ground to justify further detention of the...
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,...
Punjab & Haryana High Court Grants Bail To AAP MLA Jaswant Singh In Money Laundering Case
The Punjab & Haryana High Court on Monday granted bail to Aam Admi Party (AAP) MLA Jaswant Singh in money laundering case. Singh is an MLA from Punjab's Amargarh constituency and was arrested by ED in November, 2023.Justice Mahabir Singh Sindhu granted bail to Singh. However a detailed order is awaited.Jaswant Singh was booked under PMLA for allegedly being a director and guarantor of a company M/s TCL, which had obtained loan and credit facilities of over Rs.46 crores.The amount is...
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...
PMLA | Enforcement Directorate Is Well Within Rights To Challenge Closure Report In Predicate Offence: Madras High Court
The Madras High Court recently held that once a complaint under the Prevention of Money Laundering Act was registered, the Enforcement Directorate was within its right to challenge the closure report filed in the Predicate Offence if the same resulted in miscarriage of justice.“During the pendency of complaint under PMLA, if the predicate offence is closed, in the present case, it resulted in miscarriage of justice, the Enforcement Directorate is well within its rights to place the facts before...
ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case
The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way back eighty years ago (in 2016) in which he was neither named nor chargesheeted. The judges noted that the...
Impermissible To Use Section 45 Of PMLA As Tool For Incarceration When Delay In Trial Not Attributable To Accused: Delhi High Court
The Delhi High Court has held that keeping an accused in custody by using Section 45 of PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused.“Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account. It is the duty of Constitutional Courts to champion the constitutional cause of Liberty and uphold the majesty of Article 21,” Justice Manoj Kumar Ohri said. According to Section 45 of the...