MLAs Not Above Law, Cooperating With Investigation Also Public Service: Delhi High Court Denies Pre-Arrest Bail To AAP's Amanatullah Khan

The Delhi High Court on Monday denied anticipatory bail to Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Swarana Kanta Sharma denied the relief to Khan taking note of his conduct of avoiding the repeated summons issued to him by ED and not joining the investigation. “Repeated disobedience of summons of the investigating agency is equivalent to...

Book Launch: "Treatise On PMLA (Prevention Of Money Laundering Act, 2002 ) Law And Practice" By Akhilesh S. Dubey [17th March]

'Bharat' invites you for the Book Release of "Treatise On PMLA (Prevention Of Money Laundering Act, 2002 ) Law And Practice" By Akhilesh S. Dubey.Date: 17th march,2024The event will be presided over by Chief Guest, Justice Ujjwal Bhuyan, Judge, Supreme Court of IndiaGuest of honour : Justice Devendra Kumar Upadhyay, chief Justice of the High Court of BombayJustice Makarand Subhash Karnik, Judge, Bombay High Court, Justice Madhav J. Jamdar, Judge, Bombay High Court, Justice, Rajesh S. Patil,...

Confessional Statement Of Co-Accused Under Section 50 Of PMLA Not Substantive Piece Of Evidence, Can Be Used Only For Corroboration: Delhi High Court

The Delhi High Court has said that the confessional statement of a co-accused under Section 50 of Prevention of Money-Laundering Act, 2002, is not a substantive piece of evidence and can be used only for corroboration in support of other evidence to lend assurance to the Court in arriving at a conclusion of guilt.Justice Vikas Mahajan reiterated that the statements of the witnesses recorded under Section 50 of the PMLA are to be meticulously appreciated only by the Trial Court during the...

'Proceeds Of Crime' Not Magical Term Which Can Be Established Merely Because ED Recites It In Complaint: Delhi Court Grants Bail In PMLA Case

While granting bail to a man in a money laundering case, a Delhi Court has observed that “proceeds of crime” is not a magical term that can be taken to be established merely because the Enforcement Directorate (ED) has recited it in its complaint. Additional Sessions Judge Sudhanshu Kaushik of Patiala House Courts observed that there ought to be some evidence on record to demonstrate that the money has either been derived or obtained from a criminal activity in respect of which a predicate...

PMLA | Stay On FIR Doesn't Bar ED From Registering ECIR: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that stay on a FIR lodged on a predicate offence does not mean that the Enforcement Directorate (ED) cannot register an Enforcement Case Information Report (ECIR) for a money laundering case under Prevention of Money Laundering Act, 2002 (PMLA).The observation came in response to the plea seeking quashing of a money laundering case in a matter pertaining to allegations on builders for duping the investors after obtaining the licence to develop...

Liquor Policy: Delhi Court Issues Summons To CM Arvind Kejriwal On ED's Fresh Plea Against Non-Compliance Of Summons

A Delhi Court on Thursday issued summons for the second time to Chief Minister Arvind Kejriwal on a fresh plea moved by the Enforcement Directorate (ED) 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 now listed the matter for hearing on March 16.So far, Kejriwal has been issued eight summons in the case. ED had earlier...

[PMLA] Enforcement Directorate Can't Restrain Movement Of Persons Whose Premises Are Being Searched: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Enforcement Directorate (ED) cannot restrain the movements of the persons, whose premises are being searched in money laundering cases.Perusing the PMLA Rules, 2005 Justice Vikas Behl said, "there is nothing which stops the persons whose premises are being searched from carrying out their daily routine including going to their offices/place of work and the authorities have a right to require the said persons to open any lock,...

NCLT Has Jurisdiction To Direct ED To Release Attached Properties Of Corporate Debtor: Bombay High Court

The Bombay High Court held recently that the NCLT has the jurisdiction to direct the Enforcement Directorate (ED) to release attached properties of a corporate debtor once the resolution plan has been approved and immunity from prosecution is triggered under Section 32A of IBC, 2016.A division bench of Justice BP Colabawalla and Justice Somasekhar Sundaresan upheld an NCLT order directing the ED to release the properties of a corporate debtor that were attached under the Prevention of Money...

PMLA Accused Can't Be Arrested After Special Court Has Taken Cognizance Of Complaint : Supreme Court Expresses Prima Facie View

Update - Final judgment on this issue delivered on May 16, 2024- ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme CourtIn a case under the Prevention of Money Laundering Act (PMLA), the Supreme Court has taken up the issue as to whether an accused person can be arrested by authorities once cognizance is taken by the Special Court under Section 44 of the Act and summons are issued. “Prima facie, it appears to us that once cognizance of a...

Waqf Board Case: Delhi Court Denies Anticipatory Bail To AAP MLA Amanatullah Khan In Money Laundering Case

A Delhi Court on Friday denied anticipatory bail to Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment.Additional Sessions Judge Rakesh Syal of Rouse Avenue Courts observed that there appeared to be no reasonable grounds for believing that Khan is not guilty of the alleged offences or that he is not likely to commit any offence while on bail. “Considering the material available on record and the facts...

Under PMLA, Jail Is The Rule And Bail Is The Exception: Madras High Court In Senthil Balaji's Plea

The Madras High Court on Wednesday emphasised that though generally bail is the rule and jail is the exception, under the Prevention of Money Laundering Act(PMLA), this principle was turned and jail became the rule. Justice Anand Venkatesh made the observations while dismissing the bail plea of former TN Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in connection with a cash-for-job money laundering case. Balaji had previously sought bail on medical grounds...

Breaking: Madras High Court Denies Bail To Former Minister Senthil Balaji In Money Laundering Case, Directs Trial Be Completed In 3 Months

The Madras High Court has dismissed the bail plea of MLA and former Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June last year in a cash-for-jobs money laundering case.Justice Anand Venkatesh on Wednesday observed that there were no merits in the bail plea filed by Balaji. However, considering that Balaji had been incarcerated for more than 8 months, the court directed the Special court to complete the trial in the case within 3 months. "The...