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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,...

[PMLA] Order For Confiscating Property Is Not Interlocutory Since It Determines Interim Custody, Can Be Challenged In Revision Plea: P&H HC

The Punjab & Haryana High Court has made it clear that an order for confiscation of property passed by the trial court can be challenged in a revision plea before the High Court.In the present case, the property mortgaged in a Bank in lieu of credit facilities availed by an accused under the Prevention of Money Laundering Act, 2002 (PMLA), was confiscated by the Enforcement Directorate (ED). The Court rejected the objection raised by the ED that the plea challenging the confiscation order...

Freedom From Illegal Arrest & Prolonged Pre-Trial Custody : Supreme Court's Recent Pro-Liberty Judgments Rein In PMLA, UAPA

Although the Supreme Court has been an avid advocate and upholder of an individual's right to life and personal liberty under Article 21 of the Constitution, some of its decisions in the past few years ended up garnering public attention as being opposed to the well-settled "bail is the rule, jail an exception" jurisprudence.From outright denial of bail in some cases, to delays in hearing and listing of others, the court's manner of functioning attracted criticism from various fields. This...

No Assertion In ED Complaint That Scheduled Offences Generated Proceeds Of Crime : Supreme Court Grants Bail In PMLA Case

The Supreme Court recently granted bail in a case under the Prevention of Money Laundering Act (PMLA) after noting that the prosecution complaint did not have any assertion that the scheduled offence generated proceeds of crime directly or indirectly..“Prima facie, there must be factual assertions in the complaints to show that the offences which are named as scheduled offences on the basis of which complaints are filed, directly or indirectly, generated proceeds of crime”, the Court held.The...

Senthil Balaji's Bail Plea : Supreme Court Seeks Clarification From ED On Predicate Offences

The Supreme Court today (August 14) sought clarification from the Directorate of Enforcement (ED) on whether it intends to rely on all three predicate offences in the money laundering case against Senthil Balaji or exclude one of the cases that involves more than a thousand accused.The predicate offences are registered against Balaji under section 420 (cheating) and other relevant sections of the IPC as well as sections 7 (public servant taking bribe), 12 (abetment) and 13 (misconduct of public...

Supreme Court Reserves Verdict On Bail Plea Of Senthil Balaji In Money Laundering Case, Flags Delay In Trial

The Supreme Court on Monday (August 12) reserved its judgment on the bail plea of former Tamil Nadu Minister V Senthil Balaji in a money laundering case arising out of the cash for jobs allegations.The MLA and former Minister was arrested by the Enforcement Directorate (ED) in June last year in the cash-for-jobs money laundering case. He has challenged a Madras High Court order denying him bail. A bench of Justice Abhay Oka and Justice Augustine George Masih reserved its judgment after...

Madras High Court Dismisses TN Minister Anitha Radhakrishnan's Plea Challenging PMLA Proceedings By ED

The Madras High Court on Wednesday dismissed a petition filed by the Tamil Nadu Fisheries Minister challenging the PMLA proceedings initiated by the Enforcement Proceedings against him. Justice SM Subramaniam and Justice V Sivagnanam dismissed Radhakrishnan's plea and asked him to cooperate with the investigating agency to complete the probe in the money laundering case and allow it to file a final report before the special court.Copy of detailed judgment is awaited. The allegation...

'Out Of 5000 PMLA Cases, Only 40 Convictions In 10 Years' : Supreme Court Says ED Must Focus On Quality Prosecution

The Supreme Court on Wednesday (August 7) highlighted the low rate of conviction in money laundering cases and underscored that the Enforcement Directorate (ED) should focus on the quality of prosecution.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was hearing a bail petition of Chhattisgarh-based businessman Sunil Kumar Agarwal, who was arrested for the offence of money laundering in relation to coal transportation.Citing the poor conviction statistics in cases under the...

PMLA : Supreme Court To Hear Review Petitions Against Vijay Madanlal Choudhary Judgment On August 28

The Supreme Court today posted to August 28 the batch of petitions seeking review of the 2022 judgment in Vijay Madanlal Choudhary v. Union of India (VMC).A special bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan heard arguments briefly, but agreed to adjourn the matter at the request of Solicitor General Tushar Mehta, who submitted that the matter was listed suddenly (post 9 pm yesterday) and therefore, ED may be given some time to prepare and argue.Initially, the bench...