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...

Courts Today 28.08.24: PMLA|DDA Tree Felling Contempt Case|HD Revanna|The News Minute|LGBT Persons [VIDEO]

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...