PMLA
Bail Can't Be Denied Under PMLA On Mere Assumption That Property Recovered From Accused Must Be Proceed Of Crime: Delhi High Court
The Delhi High Court has recently held that bail cannot be denied under Prevention of Money Laundering Act, 2002, merely on the assumption that the property recovered from the accused must be proceed of crime.Justice Dinesh Kumar Sharma rejected a plea moved by Enforcement Directorate (ED) against grant of bail to an accused, Rahil Hiteshbhai Chovatia, in a money laundering case on October 19, 2022. An FIR was registered by Delhi Police's special cell the investigation of which revealed that...
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...
Supreme Court Grants Bail To Former TN Minister Senthil Balaji In Money Laundering Case
The Supreme Court today (September 26) allowed the bail plea of former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih had reserved its judgment and flagged delay in trial on August 12, 2024.Justice Oka, while pronouncing the verdict today, said that stringent bail provisions and delay in trial cannot go together."We have referred to Najeeb and other judgements. What we...
Supreme Court To Deliver Judgment On Senthil Balaji's Bail Plea In Money Laundering Case Tomorrow
The Supreme Court will deliver its judgment tomorrow (September 26) on the bail plea of former Tamil Nadu Minister Senthil Balaji in the money laundering case arising out of the cash for jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih had reserved its judgment and flagged delay in trial on August 12, 2024Senthil Balaji, a former Tamil Nadu Minister and current MLA, is accused in a money laundering case stemming from allegations of his involvement in a...
ED Interrogations Lasting 14 Hrs "Not Heroic", Violate Human Dignity: Punjab & Haryana HC While Declaring Congress MLA's Arrest Illegal
The Punjab and Haryana High Court today asked the Enforcement Directorate to take remedial measures and sensitize its officers to follow some "reasonable time limit" for interrogations of suspects under PMLA, in one go.Justice Mahabir Singh Sindhu said ED interrogation lasting for upto 15 hours in this case "is not heroic...rather it is against the dignity of a human being." For future, the Court directed the ED to observe the mandate of right to life and liberty, which includes right to...
'What Is Rate Of Conviction In PMLA Cases? You Keep Person In Jail For Years' : Supreme Court To ED While Granting Interim Bail
The Supreme Court today granted interim bail to Chhattisgarh's suspended civil servant Saumya Chaurasia in a money laundering case, taking into account factors including the amount of time spent in custody and the non-framing of charges.Chaurasia, former Deputy Secretary to ex-Chhattisgarh Chief Minister Bhupesh Baghel, is accused in a money laundering case relating to coal scam. She has been in jail for 1 yr and 9 months now.The bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was...
Long Custody Will Enure To Benefit Of Accused For Bail When Delay In Trial Isn't His Fault : Supreme Court Grants Bail In PMLA Case
Observing that continued incarceration will enure to the benefit of the accused who is not responsible for the delay in trial, the Supreme Court granted bail to an accused in a money laundering case related to cattle smuggling across India-Bangladesh border."..a continued incarceration where the appellant is not entirely at fault for the completion of trial due to a prolonged delay, would enure to his benefit for the purpose of granting bail," observed the Court granting bail to one Mohd....
India Must Honour Bilateral Agreements With US: Madras HC Denies Clearance Certificate To Man Who Supplied Helicopters To Iraq Despite US Sanction
The Madras High Court recently refused to grant a clearance certificate to a man against whom PMLA proceedings were initiated based on a letter from the US Government. Justice SM Subramaniam and Justice V Sivagnanam noted that the Enforcement Directorate had initiated an investigation based on a letter issued by the US Government and the Government of India had to honour the bilateral treaties/agreements with the US Government. The petitioner Hameed Ibrahim had approached the High...
Supreme Court Expresses Inclination To Grant Interim Bail To Chhattisgarh's Suspended Civil Servant Saumya Chaurasia In PMLA Case
The Supreme Court today expressed an inclination to grant interim bail to Chhattisgarh's suspended civil servant Saumya Chaurasia in a money laundering case.Chaurasia, former Deputy Secretary to ex-Chhattisgarh Chief Minister Bhupesh Baghel, is accused in a money laundering case relating to coal scam. She has been in jail for over 1.5 years now.The bench of Justices Surya Kant and Ujjal Bhuyan was dealing with Chaurasia's challenge to Chhattisgarh High Court's order dated August 28,...
Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability
The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing next on October 18. Khan was arrested by ED on September 02 after searches were conducted by the central...
Offence Committed In Foreign Country Can Be Treated As Predicate Offence Under PMLA When Proceeds Of Crime Travels To India: Delhi HC
The Delhi High Court has held that an offence committed in a foreign country under laws of that nation can be treated as a predicate offence under PMLA if it has “cross border implications” and the proceeds of the crime have travelled to India. Perusing various provisions under PMLA and Part C of the Schedule, Justice Vikas Mahajan said:“…if an offence has been committed in a foreign country under the laws of that country, the same can be treated as a predicate offence provided such offence...