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...

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...