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...

Supreme Court Allows ED To Proceed With Summonses To Tamil Nadu District Collectors, Says State's Writ Petition Prima Facie Misconceived

The Supreme Court on Tuesday (February 27) suspended the operation and execution of an interim order issued by the Madras High Court staying the summonses issued to district collectors in Tamil Nadu in connection with alleged illegal sand mining-money laundering cases. The top court today granted interim relief in response to a special leave petition filed by the Directorate of Enforcement (ED) against a November 28 ruling of the high court staying the operation of these summonses issued by the...

Person Who Assists With Proceeds Of Crime May Be Prosecuted Under PMLA Though Not Booked For Existing Scheduled Offence: Jharkhand High Court

The Jharkhand High Court has observed that individuals implicated in a PMLA (Prevention of Money Laundering Act) case, who become involved after the commission of the scheduled offense by aiding in the concealment or utilization of proceeds of crime, are not required to be accused in the scheduled offense. The court emphasized that these individuals can still face prosecution under PMLA as long as the scheduled offense remains valid.Justice Sujit Narayan Prasad observed that, “...an accused in...

'ED Can't Investigate Predicate Offences', Says TN; 'What Prejudice Caused If State Helps ED?', Asks Supreme Court

The Supreme Court on Monday (February 26) continued its probing examination of the Tamil Nadu government's standing to challenge summonses issued by the Enforcement Directorate (ED) to district collectors in connection with 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 the operation of the summonses...

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...