Concept Of Remanding A Person To Police Custody On Mere Suspicion Is Incompatible With Constitutional Principle: Kapil Sibal

Highlighting a glaring lack of procedural safeguards in India's criminal laws, Senior Advocate Kapil Sibal on Saturday (February 24) said that, in stark contrast to 'liberal' countries, the police in India made arrests first merely on the basis of suspicion and then proceeded to investigate the alleged offences.He was speaking at a seminar on judicial accountability in Delhi, organised by the Campaign for Judicial Accountability and Reforms (CJAR). The theme of the event was 'Supreme Court's...

Why Can't Supreme Court Take Judicial Notice Of UAPA & PMLA Misuse? Senior Advocate Mihir Desai

Senior Advocate Mihir Desai on Saturday (February 24) raised apprehensions about the Supreme Court's apparent reluctance to take 'judicial notice' of the misuse of laws such as the Unlawful Activities (Prevention) Act and the Prevention of Money Laundering Act.He was speaking at a seminar on judicial accountability in Delhi, organised by the Campaign for Judicial Accountability and Reforms (CJAR). The theme of the event was 'Supreme Court's Recent Trend on Cases Involving Civil Liberties and...

How Can State File Writ Petition Challenging ED Summonses To District Collectors? Supreme Court Asks Tamil Nadu

The Supreme Court on Friday (February 23) questioned the Tamil Nadu government's standing to file a writ petition before the Madras High Court challenging summonses issued by the Enforcement Directorate (ED) to the district collectors in connection with the alleged illegal sand mining- money laundering cases.A bench of Justices Bela M Trivedi and Pankaj Mithal was hearing a special leave petition filed by the Directorate of Enforcement (ED) against a November 28 ruling of the high court staying...

Delhi HC Stays Order Which Held That Property Seized By ED Must Be Returned If Probe Continues Beyond 365 Days & Doesn't Result In Any Proceedings

The Delhi High Court on Thursday stayed last month's judgment of a single judge which held that in cases where the investigation under the Prevention of Money-Laundering Act, 2002, (PMLA) extends beyond 365 days and does not result in proceedings relating to any offence, the seizure of a property will lapse and it must be returned to the person from whom it was seized.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stayed the decision...

'Can't Conduct Mini-Trial In Bail Proceedings': ED Opposes Senthil Balaji's Bail Plea In Madras High Court

The Enforcement Directorate on Thursday opposed the bail plea moved by former Tami Nadu Minister MLA Senthil Balaji. Balaji was arrested by the ED in June last year in a cash for jobs money laundering case. During the pendency of the bail plea, Balaji had also resigned from his ministerial post. The bail plea was heard by Justice Anand Venkatesh. The court had previously taken a strong view against Balaji continuing as a Minister without portfolio in the cabinet and remarked that it...

Arvind Kejriwal Was Legally Bound To Comply With Summons But Failed To Do So: Delhi Court Observes In ED's Complaint

A Delhi Court on Wednesday said that Delhi's Chief Minister Arvind Kejriwal was legally bound to attend in person in pursuance of the summons issued to him by Enforcement Directorate (ED) in the money laundering case related to the excise policy, but purportedly he failed to do so.Additional Chief Metropolitan Magistrate Divya Malhotra of Rouse Avenue Courts issued summons to Arvind Kejriwal for the offence under Section 174 of the Indian Penal Code, 1860 (non-attendance in obedience to an order...

Excise Policy: Delhi High Court Denies Bail To AAP Leader Sanjay Singh In Money Laundering Case

The Delhi High Court on Wednesday denied bail to Aam Aadmi Party leader Sanjay Singh in the money laundering case related to the alleged liquor policy scam.Jusice Swarana Kanta Sharma observed that no ground for grant of bail to Singh was made out.However, the court directed the trial court to expedite the trial once it commences so that rights of Singh as an accused are protected. This would be subject to the condition that neither the counsel for Singh nor the...

Delhi Court Summons CM Arvind Kejriwal In Money Laundering Case, Asks Him To Appear On February 17

A Delhi Court on Wednesday issued summons to Chief Minister Arvind Kejriwal on ED's plea for not complying with the summons issued to him in the money laundering case related to the alleged liquor policy scam.Additional Chief Metropolitan Magistrate Divya Malhotra of Rouse Avenue Courts has directed Kejriwal to appear before the court on February 17. The court took cognizance of the complaint case moved by the Enforcement Directorate (ED) against Kejriwal for not complying with...

Property Seized By ED Must Be Returned If PMLA Probe Continues Beyond 365 Days And Does Not Result In Any Proceedings: Delhi High Court

The Delhi High Court has observed that where the investigation under Prevention of Money-Laundering Act, 2002, extends beyond 365 days and does not result in any proceedings relating to any offence, the seizure of a property will lapse and must be returned to the person from whom it was so seized.“The continuation of such seizure beyond 365 days, in absence of the pendency of any proceedings relating to any offence under this Act before a court or under the corresponding law of any other country...

“How Can He Continue As Minister Despite Being Under Arrest For More Than 230 Days?”: Madras HC Asks While Hearing Senthil Balaji's Bail Plea

The Madras High Court on Tuesday asked how Senthil Balaji could continue as a Minister in the state despite being arrested and being in custody for the past 230 days. The court also commented that Balaji's continuation as Minister did not augur well. Justice Anand Venkatesh made the above comments while hearing the bail plea filed by arrested Tamil Nadu Minister V Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June last year in connection with a money laundering...

Supreme Court Reserves Verdict On AAP Leader Satyendar Jain's Bail Plea In Money Laundering Case

After four days of hearing, the Supreme Court on Wednesday (January 17) reserved its verdict on Aam Aadmi Party leader and PMLA-accused Satyendar Jain's bail plea.Jain was arrested by the central agency in May 2022 on charges of money laundering. He, along with others, were accused of laundering money through three companies during 2010-12 and 2015-16. A bench of Justices Bela M Trivedi and Pankaj Mithal heard his special leave petition against an April 2023 Delhi High Court order denying him...

Bombay High Court 2023 Digest On Special Criminal Acts - POCSO, UAPA, NDPS, PMLA

Protection of Children from Sexual Offences Act, 20121. Kala Kendra's Performance License Can't Be Cancelled When Alleged Offence Under POCSO Act Not Committed On Premises: Bombay High Court Case Title: Natraj Sanskrutik Kala Kendra through its proprietor Vishal Nandkishor Gangawane v. State of Maharashtra & Ors. Citation: 2023 LiveLaw (Bom) 117 The Bombay High Court held that the performers license of Natraj Sanskrutik Kala Kendra, Nashik couldn't have been cancelled on...