Courts Today 04.09.24

Senthil Balaji Withdraws Revision Plea Against Trial Court's Refusal To Discharge Him From PMLA Proceedings

Former Tamil Nadu Minister Senthil Balaji who has been in ED custody since June 2023 in connection with a cash-for-job money laundering case has withdrawn a revision petition filed by him challenging the decision of the Special Judge refusing to discharge him from the proceedings. Balaji's counsel told the bench of Justice SM Subramaniam and Justice V Sivagnanam that since the trial in the PMLA case has already begun and the witness examination has already started, he wished to withdraw ...

Senthil Balaji Withdraws Revision Plea Against Trial Court's Refusal To Discharge Him From PMLA Proceedings

Former Tamil Nadu Minister Senthil Balaji who has been in ED custody since June 2023 in connection with a cash-for-job money laundering case has withdrawn a revision petition filed by him challenging the decision of the Special Judge refusing to discharge him from the proceedings. Balaji's counsel told the bench of Justice SM Subramaniam and Justice V Sivagnanam that since the trial in the PMLA case has already begun and the witness examination has already started, he wished to withdraw ...

PMLA | Is Accused Entitled To Documents Which Prosecution Isn't Relying Upon In Trial? Supreme Court Reserves Judgment

The Supreme Court on Wednesday (September 4) reserved judgment on the issue of entitlement of accused under the Prevention of Money Laundering Act (PMLA) to get seized documents that the prosecution does not rely on before the commencement of trial.This issue emerged in an appeal against a Delhi High Court judgment, which held that the prosecution is not obligated to provide such documents at the pre-trial stage.During the hearing today, a bench of Justice Abhay S Oka, Justice Ahsanuddin...

Supreme Court Lists Review Petitions Against Judgment Upholding PMLA Provisions On Sept 18

Pursuant to a mentioning, the Supreme Court today tentatively listed the review petitions pending against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA), on September 18.The matter was mentioned before a bench of Justices Surya Kant and Ujjal Bhuyan by Senior Advocate Kapil Sibal.It may be recalled that a three-judge bench of Justices Kant, CT Ravikumar and Bhuyan is hearing the review petitions. Today, Justice...

Delhi Court Criticizes ED For “Arbitrary” Arrest, Asks ED Director If There Is Any SOP To Regulate & Monitor Arrests

While hearing a bail application under the Prevention of Money-Laundering Act, 2002, a Delhi Court has deprecated the 'arbitrary' approach of the Enforcement Directorate (ED) in arresting an individual.Noting that the investigation cannot be conducted on 'subjective interpretation' of the Investigation Officer, Judge Dheeraj Mor stated that “The hallmark of investigation is its objectivity. Subject interpretation of IO must be deprecated as it would make a supposed objective investigation...

Shifting Paradigms: Understanding The Supreme Court's Evolving Stance On Bail Under The PMLA

The Supreme Court of India has recently shifted towards a more nuanced approach to bail applications under the Prevention of Money Laundering Act (PMLA). While the court previously emphasised strict adherence to the twin conditions outlined in Section 45, which require the accused to prove they are not guilty and that they will not commit further offenses, recent rulings suggest a shift in perspective. This evolving stance in bail jurisprudence under the PMLA considers factors such as the...

Will Quashing FIR In Predicate Offence On Technical Grounds Exonerate Person From PMLA Proceedings? Madras HC To Examine

The Madras High Court is set to examine if quashing an FIR in the predicate offence on technical grounds becomes a ground for exonerating a person under the proceedings under the Prevention of Money Laundering Act. The bench of Justice SM Subramaniam and Justice V Sivagnanam were hearing a petition to quash the PMLA proceedings initiated against two men, Maneesh Parmar and Sunil Khetpalia on the ground that a single judge had already quashed the FIR in the predicate offence. The court...

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Terror Funding Case: Delhi Court Orders Release Of Kashmiri Separatist Leader Shabir Shah In PMLA Case

A Delhi Court has ordered release of Kashmiri separatist leader Shabir Ahmad Shah in a money laundering case connected to a terror funding case.Additional Sessions Judge Dheeraj Mor of Patiala House Courts passed the order after noting that Shah has undergone the maximum sentence of seven years prescribed for the offence under Section 3 of PMLA. The court noted that Shah was in continuous custody in the case from July 26, 2017, and since then, more than 7 years have passed. “Accordingly, in view...

Supreme Court Disposes Of ED's Plea, Tamil Nadu Govt Says District Collectors Will Share Documents Relating To Sand Mining Cases

The Supreme Court today disposed of the Enforcement Directorate's plea assailing stay of summonses issued to District Collectors of Tamil Nadu in connection with alleged illegal sand mining-money laundering cases.The bench of Justices Bela M Trivedi and Satish Chandra Sharma closed the proceedings, noting that most of the documents sought by ED from the District Collectors had been supplied and the ones remaining were agreed to be supplied within a week.Dictating the order, Justice Trivedi...

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment

The Supreme Court on Tuesday (August 20) observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. The Court observed that splitting the trial would not serve any purpose.“Either there is complete trial of all offences which are treated as predicate offences or you say that a particular case will not be treated as predicate offence. Otherwise,...