PMLA
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...
Money Laundering Includes Every Activity Dealing With Proceeds Of Crime, Not Limited To Final Act Of Integrating Money Into Economy: Madras HC
The Madras High Court recently observed that Section 3 of the Prevention of Money Laundering Act had wider reach and that money laundering would include any activity or process of dealing with proceeds of crime, either directly or indirectly. The court made it clear that the offence was not limited to the final act of integrating tainted money into the economy. Justice SM Subramaniam and Justice V Sivagnanam noted that the wording of Section 3 should not be read conjunctively merely...
Supreme Court Lists Review Petitions Against Judgment Upholding PMLA Provisions On Oct 16-17
The Supreme Court today adjourned the hearing of the review petitions pending against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA), to October 16-17.In the morning session, the matter was mentioned before a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan by Solicitor General Tushar Mehta, who requested for time saying that out of 9 review petitions, the Union had copy of only 1."There are two issues, apart...
Land For Jobs Scam: Delhi High Court Grants Bail To Lalu Yadav's Aide Amit Katyal In PMLA Case
The Delhi High Court on Tuesday granted bail to RJD chief Lalu Prasad Yadav's close aide Amit Katyal in a money laundering case related to the alleged land-for-jobs scam case.Justice Neena Bansal Krishna observed that the investigations qua Katyal already stood concluded and the Prosecution Complaint was also filed by the Enforcement Directorate (ED). “He is in judicial custody since 10.11.2023. The trial may take long to get concluded. No purpose for his further detention in judicial custody...
PMLA Accused Need Not Be Produced Before Special Court Within 24 Hours If Arrested From Judicial Custody: Madras High Court
The Madras High Court recently dismissed the petition filed by former DMK functionary Jaffer Sadiq challenging his arrest by the Enforcement Directorate in connection with a PMLA case. The bench of Justice SM Subramaniam and Justice V Sivagnanam noted that requirements under the Act had been met when Sadiq, who was already in judicial custody, was formally arrested. Thus, the court said that the petition was devoid of merits and dismissed the same. “...if a person is already in...
Supreme Court Issues Notice On Ex-Chhattisgarh Civil Servant Saumya Chaurasia's Plea For Bail In PMLA Case
The Supreme Court recently issued notice to the Enforcement Directorate on a petition filed by Chhattisgarh's suspended civil servant Saumya Chaurasia challenging denial of bail 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...
All Persons Arrested In The Delhi Liquor Policy Case Get Bail, Except One
The Supreme Court yesterday granted bail to Delhi CM Arvind Kejriwal in the CBI case registered in connection with the alleged liquor policy scam, paving the way for the release of another politician arrested in the case.Notably, the decision was preceded by other persons accused in the liquor policy case getting bail over the past few months. These include Abhishek Boinpally (Hyderabad businessman), Sanjay Singh (Aam Aadmi Party MP), Manish Sisodia (former Delhi Deputy CM), K...
'CBI Shouldn't Be A Caged Parrot' : Justice Ujjal Bhuyan Says CBI Arrest Of Arvind Kejriwal Was Unjustified
Authoring a separate, concurring opinion granting bail to Delhi CM Arvind Kejriwal in the CBI case registered over the alleged liquor policy scam, Justice Bhuyan of the Supreme Court lambasted the CBI, saying that as a premier investigating agency of the country, it should not be perceived as making arrests in a high-handed manner. Rather, it should be seen as an uncaged parrot and make efforts to dispel any perception of bias. "CBI is a premier investigating agency of the country. It is in...