PMLA
Senthil Balaji's Bail Plea | Can Trial In PMLA Case Proceed Without Trial In Predicate Offence? Supreme Court Asks
The Supreme Court on Tuesday (August 6) while hearing former Tamil Nadu Minister Senthil Balaji's bail plea asked whether the trial under Prevention of Money Laundering Act, 2002 (PMLA) could proceed without the trial of the predicate offence.The MLA and former Minister was arrested by the Enforcement Directorate (ED) in June last year in a cash-for-jobs money laundering case. He has challenged a Madras High Court order denying him bail in a money laundering case over the cash-for-jobs...
'Some Incongruency' In ED's Stance That Manish Sisodia Delayed Trial, Says Supreme Court; Reserves Judgment On Bail Plea
The Supreme Court today reserved verdict on the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the liquor policy case.A bench of Justices BR Gavai and KV Viswanathan heard the pleas and reserved orders upon hearing Senior Advocate Dr AM Singhvi (for Sisodia) and Additional Solicitor General SV Raju (for respondent-authorities).During the hearing, the bench flagged an apparent incongruency between ED's stances, as on one hand, it claimed that...
Senthil Balaji's Bail Plea | Cash Deposits Of Rs. 1.34 Crores Not From MLA Salary & Agricultural Income: ED To Supreme Court
The Directorate of Enforcement (ED) on Monday (August 5) submitted before the Supreme Court that the cash deposit of Rs. 1.34 Crores in the bank account of former Tamil Nadu Minister Senthil Balaji have no connection with his salary as MLA or his agricultural income.“His case was that out of this 1.34 Crores, 68 lakhs is my salary as an MLA. It is completely incorrect as he is receiving salary directly as RTGS in his bank account so this 68 lakhs has absolutely no nexus with salary. There is no...
Bail U/S 45(1) PMLA Can Be Given To Sick Or Infirm: Kerala High Court Grants Interim Bail To Former KPCC General Secretary
The Kerala High Court has granted bail to K. K. Abraham, former general secretary of the Kerala Pradesh Congress Committee (KPCC). Justice C. S. Dias passed the order after considering the health issues of the accused. The Court has not passed any final orders on the bail application.Mr. Abraham was arrested by the Enforcement Directorate in a case of co-operative bank fraud and was in custody since 07/11/2023. He was the former president of Pulpally Service Co-operative Bank, Wayanad....
PMLA Provides No Procedure On Summoning, So CrPC Will Apply : Sibal Tells Supreme Court In Abhishek Banerjee's Case
During the hearing of TMC MP Abhishek Banerjee's plea against ED summons in a school jobs scam case, Senior Advocate Kapil Sibal urged before the Supreme Court on July 31 that the Prevention of Money Laundering Act provides “power” to summon an accused, but does not prescribe the “procedure” for summoning. “Power to summon is there, but procedure to summon is absent”, he said. The matter was before a bench of Justices Bela M Trivedi and Satish Chandra Sharma, which re-listed it for August 1. ...
No Prima Facie Case For Money Laundering Against Nalini Chidambaram In Saradha Chit Fund Scam: PMLA Court
A Prevention of Money Laundering Act (PMLA) Court at Kolkata has dismissed the Enforcement Directorate (ED's) complaint against Senior Advocate Nalini Chidambaram in relation to the Saradha Chit Fund Fund scam. Presiding judge Prashanta Mukhopadhyay said that there was no prime facie offence of money laundering and "no case was made out for the offence under Section 3 punishable under Section 4 of the PMLA, 2002 against Chidambaram.Before the Court, the ED had contended that the senior advocate...
PMLA | Is Accused Entitled To Documents Which Prosecution Isn't Relying Upon In Trial? Supreme Court To Examine
The Supreme Court is set to examine the applicability of the provisions of the Code of Criminal Procedure (or its new replacement the Bharatiya Nagarik Suraksha Sanhita) to cases under the Prevention of Money Laundering Act (PMLA) on the issue of the prosecution's obligation to supply documents to the accused.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih was hearing an appeal against a Delhi High Court judgment that held that the prosecution is...
PMLA| Supreme Court Grants Bail To Money Laundering Accused Considering Age & Custody Period
The Supreme Court granted bail to Humayun Merchant, an alleged aide of Iqbal Mirchi (late gangster), in a money laundering case lodged by the Enforcement Directorate (ED). The Bench of Justices Sanjiv Khanna and Sanjay Kumar took into consideration that Merchant is 75 years of age and has already suffered actual incarceration for more than four years and nine months. The trial is pending."Having regard to the fact that the appellant, Humayun Suleman Merchant, is more than 75 years of age...
Supreme Court Relaxes S.45 PMLA Conditions, Grants Bail Citing Long Custody & Time Needed To Complete Trial
The Supreme Court today granted bail to Ramkripal Meena, who is accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET), for a payment of Rs.1.20 crores. The relief was granted in a case registered under the Prevention of Money Laundering Act (PMLA) in relation to the paper leak.The bench of Justices Surya Kant and Ujjal Bhuyan was hearing Meena's challenge to a Rajasthan High Court order denying bail when it...
AAP Punjab MLA Jaswant Singh Withdraws Plea In Supreme Court Challenging ED Arrest
Today, the Supreme Court bench of Justices Bela M. Trivedi and Satish Chandra Sharma allowed an Aam Aadmi Party (AAP) member of the legislative assembly from Punjab, Jaswant Singh, to withdraw his plea challenging his arrest by the Enforcement Directorate (ED) for allegedly being a director and guarantor of a company M/s TCL, which had obtained loan and credit facilities of over Rs.46 crores.The amount is alleged to have been diverted to other companies, contrary to the terms and conditions of...
'ED Can't Arrest After Court Takes Cognizance' : Supreme Court Grants Anticipatory Bail To Odisha Officer In Money Laundering Case
The Supreme Court on Monday granted anticipatory bail to Odisha Administrative Service (OAS) Officer Bijay Ketan Sahoo, who is accused of money laundering filed by the Directorate of Enforcement (ED) in connection with a disproportionate assets case.A bench of Justice Abhay Oka and Justice Augustine George Masih made absolute an order dated June 24, 2024 granting Sahoo interim protection from arrest. The court relied on the judgment in Tarsem Lal v. Directorate of Enforcement, which held that ED...
'Very Well Reasoned Judgment' : Supreme Court Dismisses ED's Challenge To HC Order Granting Bail To Hemant Soren
The Supreme Court on Monday (July 29) dismissed Enforcement Directorate's plea challenging the Jharkhand High Court's judgment dated June 28 which granted bail to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.The bench of Justices BR Gavai and KV Viswanathan opined that the High Court's judgment - which entered a prima facie finding that Soren was not guilty of money laundering -was "very well reasoned."Additional Solicitor General SV Raju...