PMLA
Should A Person Be Deemed To Be Arrested From The Time His Liberty Is Curtailed When Formal Arrest Is Recorded Later? Supreme Court To Consider
Recently, the Supreme Court issued notice in a plea challenging the legality of arrest of a person by the Enforcement Directorate who was summoned for interrogation late night and arrested the next morning while in confinement of the authorities. The main question that arose was whether the moment a person's liberty is confined by the authroities , it could be deemed as an official arrest, irrespective of the timing recorded in the arrest memo. The bench of Justices Hrishikesh Roy and...
TMC MLA Manik Bhattacharya Withdraws Petition Filed In Supreme Court Seeking Bail, Liberty Given To Approach HC Afresh
The Supreme Court on Friday (May 10) granted liberty to TMC MLA Manik Bhattacharya to withdraw his petition challenging the Calcutta High Court's rejection of bail in the money laundering related to cash for jobs scam. The Court has allowed Bhattacharya to file a fresh plea with any additional documents before the High Court and asked the High Court to consider the matter afresh and expeditiously. The bench of Justices Bela M Trivedi and Pankaj Mithal while allowing the withdrawal of the...
Liquor Policy: Delhi High Court Seeks ED's Response On BRS Leader K Kavitha's Bail Plea
The Delhi High Court on Friday issued notice on the plea moved by BRS leader K Kavitha seeking bail in the money laundering case related to the now scrapped liquor policy.Justice Swarana Kanta Sharma sought response of the Enforcement Directorate (ED) and listed the matter for hearing on May 24.Senior Advocate Vikram Chaudhary along with Advocate Nitesh Rana appeared for Kavitha. Special counsel Zoheb Hossain appeared for ED. The plea has been filed by Advocates Deepak Nagar and...
Whether Becoming Approver In Predicate Offence Has Any Bearing On PMLA Proceedings? Delhi High Court Answers
The Delhi High Court has observed that the evidence sought to be given at the instance of an accused who becomes an approver and is granted pardon in the scheduled or predicate offence, cannot be used for the purposes of money laundering proceedings under the PMLA.While granting bail to an accused namely Sanjay Kansal in the money laundering case, who had turned approver in the CBI FIR, Justice Amit Sharma said:“In any case, since the present applicant has been granted pardon in the...
Do We Impose Emergency Or Martial Law?': Delhi High Court Rejects PIL To "Gag" Demands For CM Arvind Kejriwal's Resignation
The Delhi High Court on Wednesday dismissed a public interest litigation seeking to restrain the media houses from creating “pressure and airing sensational headlines” regarding Chief Minister Arvind Kejriwal's resignation and imposition of President Rule in the national capital.The plea moved by Shrikant Prasad, an advocate by profession, sought permission for Kejriwal, who is in judicial custody in the liquor policy case, to run the government from jail. It also sought necessary...
Liquor Policy: Delhi High Court Grants Further Time To ED, CBI To Respond To Manish Sisodia's Bail Pleas
The Delhi High Court on Wednesday granted further time to the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) to file their replies to the bail pleas filed by Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia. Sisodia is presently under judicial custody in the money laundering and corruption cases related to the alleged excise policy scam. Justice Swarana Kanta Sharma listed the matter for hearing on Monday, May 13, after Zoheb Hossain, special counsel for...
Breaking: Delhi Court Extends CM Arvind Kejriwal's Judicial Custody In ED's Liquor Policy Case Till May 20
A Delhi Court on Tuesday extended till May 20 the judicial custody of Chief Minister Arvind Kejriwal in the money laundering case connected to the liquor policy scam.Special judge Kaveri Baweja of Rouse Avenue Courts passed the order on the expiry of his judicial custody in the ED case.Meanwhile, hearing in Supreme Court on the issue of granting interim bail to Kejriwal is currently underway.Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21. On April 10, the...
Properties Attached Under PMLA To Be Released After Acquittal Or Discharge In Scheduled Offence: Delhi High Court
The Delhi High Court has ruled that once a person is discharged or acquitted from the scheduled offence, the properties attached under the PMLA cannot legally be treated as proceeds of crime or be viewed as property derived or obtained from criminal activity.“A perusal of Section 8(6) of the PMLA makes amply clear that if an accused under the PMLA is discharged / acquitted, the learned Special Judge under Section 8(6) has no option but to pass an order releasing the properties attached under...
BREAKING | Delhi Court Denies Bail To Manish Sisodia In CBI, ED Cases Over Alleged Liquor Policy Scam
A Delhi Court on Tuesday dismissed the second regular bail pleas filed by Former Deputy Chief Minister of Delhi and Aam Aadmi Party leader Manish Sisodia in the money laundering and corruption cases connected to the liquor policy case.Sisodia is presently in judicial custody in both cases.Special judge Kaveri Baweja of Rouse Avenue Courts denied bail to Sisodia, after reserving the verdict in his bail pleas on April 20.Advocate Vivek Jain appeared for Sisodia; Zoheb Hossain, special counsel...
"No Wall, No Plaster": Punjab & Haryana HC Says No Prosecution Under PMLA When Accused Acquitted In Predicate Offence/ Closure Report Filed
The Punjab and Haryana High Court has said that when a closure report is filed in the predicate offence, the complaint filed by Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) based on that predicate offence would also be closed.Justice Anoop Chitkara elucidated that, "The proceedings under PMLA are always subservient and secondary to the primary proceedings under some principal criminal offense, which is termed the predicate offense. If the violations of...
Supreme Court Rejects Ex-IAS Officer Pooja Singhal's Plea For Bail In Money Laundering Case Over Alleged Embezzlement Of MNREGA Funds
The Supreme Court on Monday (April 29) refused to grant bail to ex-IAS officer Pooja Singhal in a money laundering case pending against her over alleged embezzlement of MNREGA funds in Khunti district.The Bench of Justices Sanjiv Khanna and Dipankar Datta was hearing Singhal's appeal against a Jharkhand High Court order by which she was denied bail. After hearing the parties, Justice Khanna dictated: "We are not inclined to interfere with the impugned judgment and hence special leave petition is...