Delhi High Court Refuses To Entertain PIL Seeking 'Authoritative Interpretation' Of Section 66 Of PMLA

The Delhi High Court on Monday refused to entertain a PIL seeking “authoritative interpretation” of Section 66 of PMLA, alleging that ED is pressurizing the police and CBI to file FIRs under predicate offence on the basis of the information shared by it with the agencies.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted liberty to the petitioners, Ashok Kumar Singh and another individual, to raise the issue of interpretation before appropriate...

Arrest A Classic Case Of Ruling Party Misusing ED To Crush Political Opponent, No Money Traced To AAP : Arvind Kejriwal To Supreme Court

Delhi Chief Minister Arvind Kejriwal has told the Supreme Court that his arrest by the Enforcement Directorate (ED) in the liquor policy case is illegal and constitutes an “unprecedented assault” on the tenets of democracy based on “free and fair elections and federalism.”Kejriwal, who is presently in judicial custody, has told the Apex Court that the money laundering case is a “classic case” of how the ruling party led central government has misused ED and its wide powers under PMLA to...

Madras High Court Dismisses Plea To Initiate PMLA Proceedings Against BJP And Congress Candidates In Tirunelveli

The Madras High Court has dismissed a plea filed by an independent candidate seeking action under the Prevention of Money Laundering Act against the BJP and Congress candidates in Tirunelveli, following seizure of money. A bench of Justice MS Ramesh and Justice Sunder Mohan dismissed the plea after noting that the offences alleged did not constitute scheduled offences warranting prosecution under the Act. A detailed order is expected soon. The petition was filed by one CM Raghavan, ...

Excise Policy: Delhi Court Extends Judicial Custody Of Chief Minister Arvind Kejriwal, K Kavitha Till May 07 In ED Case

A Delhi Court on Tuesday extended till May 07 the judicial custody of Chief Minister Arvind Kejriwal and BRS leader K Kavitha in the money laundering case connected to the liquor policy scam. Special judge Kaveri Baweja of Rouse Avenue Courts directed the Tihar jail authorities to produce both Kejriwal and Kavitha through virtual conferencing (VC) on May 07 at 2 PM.Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21.On April 10, the Delhi High Court dismissed...

Liquor Policy: Delhi Court Reserves Order On Manish Sisodia's Bail Pleas In CBI, ED Cases

A Delhi Court on Saturday reserved an order on the second regular bail plea 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 reserved the verdict after hearing Advocate Vivek Jain for Sisodia; Zoheb Hossain, special counsel for Enforcement Directorate (ED) and prosecutor...

Had Mangoes Only Thrice, Says Delhi CM Arvind Kejriwal; Was It As Per Approved Diet Chart? Asks Court

A Delhi Court on Friday (April 19) said that it will examine if Delhi Chief Minister Arvind Kejriwal followed the Court-approved diet chart while accepting home-cooked food in judicial custody. The Court made the oral observation while reserving order on an application filed by Kejriwal for administering insulin to him in jail and allowing consultation with his doctors through VC. Kejriwal sought permission to consult his doctor through video conferencing daily for 15 minutes with respect...

PIL In Delhi High Court Seeks Release Of CM Arvind Kejriwal On Interim Bail In All Pending Cases, Cites Safety Risk In Jail

A PIL has been filed before the Delhi High Court seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him, including the Enforcement Directorate (ED), which are pending for inquiry or trial, till completion of his tenure. Citing examples of killings of gangster Tillu Tajpuriya and Atiq Ahmed in custody, the PIL has said that Kejriwal's safety and security in the Tihar jail is in danger. The PIL has been filed by a...

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...