PMLA
S. 50 PMLA | ED Can't Record Statement At Night By Depriving Person's Right To Sleep; Leads To Impairment Of Cognitive Skills: Bombay High Court
The Bombay High Court recently criticized the Enforcement Directorate for its practice of recording statements of persons summoned under section 50 of PMLA late at night, emphasizing the right to sleep as a basic human requirement.“The `right to sleep' / 'right to blink' is a basic human requirement, inasmuch as, non-providing of the same, violates a person's human rights. It affects a person's health, may impair his mental faculties, cognitive skills and so on. The said person, so summoned,...
PMLA | ECIR Is Internal Administrative Document Of ED, Can't Be Quashed By Inherent Power U/S 482 CrPC: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear that Enforcement Case Information Report (ECIR) lodged by Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) cannot be quashed by the High Court by exercising its inherent power under Section 482 CrPC. Justice Manjari Nehru Kaul said, "...the ECIR is an internal administrative document of the ED. Consequently, in the considered opinion of this Court, since the ECIR precedes the stage of criminal...
Breaking: Delhi Court Extends CM Arvind Kejriwal's Judicial Custody In Liquor Policy Case Till April 23
A Delhi Court on Monday extended the judicial custody of Chief Minister Arvind Kejriwal till April 23 in the money laundering case connected to the now scrapped liquor policy. He was arrested on the night of March 21.Kejriwal was produced virtually before Special judge Kaveri Baweja of the Rouse Avenue Courts on the expiry of his judicial custody. The Court said it is extending custody till April 23 when judicial custody of co-accused (BRS leader K Kavitha) is also ending.In the...
PMLA | Money Laundering Impedes Progress Of Nation, Rigours Of Bail U/S 45 Must Not Be Overlooked: Punjab & Haryana High Court
The Punjab and Haryana High Court has declined bail to a man accused of money laundering involving a financial fraud amounting to Rs.1626.7 crore, observing that rigours of Section 45 of the Prevention of Money Laundering Act (PMLA) lay down an exceptionally high yardstick for granting bail.As per Section 45, bail can be granted to an accused in a money laundering case only if twin conditions are satisfied - there should be prima facie satisfaction that the accused has not committed the offence...
Revisiting The Arrest And Bail Process Under PMLA: A Call For Review Of Vijay Madanlal Choudhary's Verdict
In the realm of legal discourse, few judgments have sparked as much debate as the Supreme Court's ruling in the case of Vijay Madanlal Choudhary v. Union of India[1]. Delivered on 27th July 2022, the judgment upheld the validity of certain challenged provisions relating to the power of arrest, attachment, search and seizure conferred on the Directorate of Enforcement [“ED”] under the Prevention of Money Laundering Act, 2002 [“PMLA”]. Amongst other issues, the Supreme Court held that the ED is...
Political Party Can Be Brought Under PMLA, Kejriwal Would Be Liable For Affairs Of AAP Under Section 70(1): Delhi High Court
While dismissing the plea moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest in the liquor policy case, the Delhi High Court on Tuesday said that a political party can be brought within the purview of Prevention of Money Laundering Act, 2002.Justice Swarana Kanta Sharma made the observation while analyzing Section 70 of PMLA (offences by companies) and Section 2(f) (political party) and 29A (Registration with the Election Commission of associations and bodies as political...
Delhi CM Arvind Kejriwal's ED Arrest In Liquor Policy Case Valid: Delhi High Court
The Delhi High Court on Tuesday dismissed the plea moved by Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in the money laundering case related to the alleged liquor policy scam case.Justice Swarana Kanta Sharma upheld his arrest and subsequent remand holding that ED was able to place enough material, statements of approvers and AAP's own candidate stating that Kejriwal was given money for Goa elections."Material collected by ED reveals that Kejriwal...
CPI(M) Manifesto Promises Legal Recognition For Same-Sex Couples, Repeal Of UAPA & CAA, Replacement Of PMLA
Ahead of the 18th Lok Sabha polls, the Communist Party of India (Marxist) recently came out with its Election Manifesto.Among the promises made, the party declared its commitment towards securing legal recognition and protection for same-sex couples. Under the head of LGBTQ+ rights, the manifesto states, "legal recognition and protection" will be provided to same-sex couples "similar to marriage - civil union"/same-sex-partnerships, legislation/s on similar lines as Special Marriage Act,...
ED Opposes Manish Sisodia's Bail In Delhi Excise Scam, Says Delay In Trial Caused By Accused Persons Not Prosecution
The Enforcement Directorate on Saturday opposed the bail plea moved by Aam Aadmi Party leader Manish Sisodia in the money laundering case connected to the alleged liquor policy scam. Special CBI judge Kaveri Baweja of Rouse Avenue Courts was hearing the second regular bail plea moved by Sisodia.Sisodia is presently in judicial custody. He was denied bail by the trial court, Delhi High Court and the Supreme Court in both ED and CBI cases.The Supreme Court had also dismissed Sisodia's review...
Arvind Kejriwal Case | Finding Of Proceeds Of Crime Irrelevant If Money Laundering Case Is Made Out: ED To Delhi High Court
Opposing Chief Minister Arvind Kejriwal's plea challenging his arrest in the alleged liquor policy case, the Enforcement Directorate (ED) on Wednesday told the Delhi High Court that finding of proceeds of crime is irrelevant if a case is made out that the accused is involved in money laundering. Kejriwal is currently in judicial custody. He was arrested on the night of March 21. On March 22, the trial court remanded him to six days of ED custody, which was extended by further four...
ED Requests Supreme Court To Remove Bansuri Swaraj's Name From List Of Appearances For ED In Sanjay Singh's Bail Order
The Directorate of Enforcement told the Supreme Court today that Advocate Bansuri Swaraj's appearance (on behalf the agency) has inadvertently crept into the order passed yesterday granting bail to Aam Aadmi Party MP Sanjay Singh in the Delhi Liquor Policy case.The matter was mentioned by ED counsel Zoheb Hossain before a Bench led by Justice Sanjiv Khanna, who was sitting in a Special Bench with Justices MM Sundresh and Bela M Trivedi. It may be recalled that Sanjay Singh was granted bail...
Delhi Court Slams ED For Faulty PMLA Probe, Says ED Must Introspect Steps To Ensure Expeditious & Fair Investigations
While picking up holes in a “glaring case of faulty investigation” concerning money laundering, a Delhi Court has said that the Enforcement Directorate (ED) must introspect as to what steps are required to be taken by it for ensuring expeditious and fair investigation in all the cases.Special Judge (PMLA) Mohd. Farrukh of Rouse Avenue Courts said it may be ensured that there are sufficient checks and balances in place for ED's Investigating Officers to act with expected urgency, diligence...