PMLA
PMLA | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Applies Prospectively: Bombay High Court In Naresh Goyal’s Case
Refusing relief to Jet Airways founder Naresh Goyal in the money laundering case, the Bombay High Court held that the Supreme Court’s recent judgement in Pankaj Bansal’s case on giving the accused a physical copy of the grounds of arrest would apply only prospectively.In a habeas corpus plea filed through his wife, Goyal contended he was not provided the Grounds of Arrest in writing under section 19(1) of Prevention of Money Laundering Act (PMLA), violating his rights under Articles 14, 21 and...
ED Arrest Of Satyendar Jain After 5 Years Of Case Registration & Bail In Predicate Offence Unnecessary: Singhvi To Supreme Court
Senior Advocate Abhishek Manu Singhvi on Monday (November 6) questioned the necessity of Aam Aadmi Party leader Satyendar Jain's arrest by the Enforcement Directorate last year. The senior counsel told the Supreme Court, which was hearing the politician's bail plea in a money laundering case, "Unless [the ED] can show demonstrable, obvious, and palpable reasons for making an arrest, it should not do it. This is not about the power, but about the necessity of an arrest"A bench comprising Justices...
Delhi High Court Refuses To "Throttle" ED Probe At Summons Stage Against Man Who Transacted With Lalu Yadav's Family
While denying relief to a man seeking copy of ECIR in a money laundering case, the Delhi High Court has said that it cannot throttle the investigative process of the Enforcement Directorate at the stage of issuance of summons under PMLA.Justice Swarana Kanta Sharma dismissed the plea moved by one Amit Katyal, who was not named as an accused in the land for job scam case, seeking quashing of ECIR and a summon issued by ED. Katyal also sought to restrain ED from taking any coercive action against...
If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court
Detention or jail before being pronounced guilty of an offence should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case. The Court in its judgment has emphasised that the right to speedy trial is a fundamental right within the scope of Article 21 of the Constitution. The Court observed that, if the trial is unnecessarily delayed for no fault of the accused, the...
Supreme Court Adjourns Senthil Balaji's Plea For Bail On Medical Grounds Till Next Week
The Supreme Court on Monday (October 30) adjourned the hearing of Tamil Nadu minister and DMK leader Senthil Balaji's plea seeking bail on medical grounds until next week. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case.A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a special leave petition against an October 19 order of the Madras High Court dismissing Balaji's application for bail on medical...
ED Can’t Be Expected To Work As Magicians, Will Take Time To Investigate And Reach Truth: Delhi High Court In Sanjay Singh Case
While dismissing Aam Aadmi Party MP Sanjay Singh’s plea challenging his arrest and remand in money laundering case, the Delhi High Court has said that the Enforcement Directorate cannot be expected to work as magicians and that it will take time to investigate a case and reach to the truth. “Even if the investigating agency/ED is premier investigating agency, they cannot be expected to work as magicians and even if with the aid of technology and best investigative skills at their best are to be...
Excise Policy Case: Delhi High Court Denies Regular Bail To Businessman Sameer Mahendru On Medical Grounds
The Delhi High Court has denied regular bail to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.Justice Swarana Kanta Sharma observed that Mahendru is not suffering from any life threatening condition or sickness or infirmity involving danger to his life and for which treatment cannot be provided to him in jail.The court further noted that Mahendru is getting adequate medical attention and...
ED’s Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court
The Delhi High Court on Thursday ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest. Justice Anup Jairam Bhambhani said that the power to arrest is “conspicuously absent” in section 50 of the PMLA which empowers ED officers to arrest any person, subject to satisfying the conditions mentioned therein. “The power under section 50 of the PMLA to issue summons to a person and to require the production of...
Delhi High Court Upholds Chinese National’s ED Remand Of Three Days In Vivo Money Laundering Case
The Delhi High Court has upheld a trial court order remanding a Chinese national to three days of Enforcement Directorate’s custody in a money laundering case registered against smartphone manufacturer Vivo. Justice Swarana Kanta Sharma said that the trial court order takes into account the mandate of compliance of provisions of Section 19 and 45 of the PMLA. The court said that the grounds of arrest and the remand application clearly mentioned the involvement of Chinese national Guangwen Kuang...
NewsClick Case | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Not Applicable To UAPA: Delhi High Court
The Delhi High Court has ruled that the Supreme Court’s judgment in Pankaj Bansal case, directing ED to inform grounds of arrest in writing to the accused, cannot be said to be squarely applicable to a case arising under UAPA.Justice Tushar Rao Gedela held that under UAPA, the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of such grounds in written are not mandated under the enactment.“Thus, the ratio laid down by the Supreme Court in...
Supreme Court Forms Special Bench To Hear Review Against PMLA Judgment, Hearing On Oct 18
The Supreme Court has constituted a special bench to hear the review petitions against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, seizure, presumption of innocence, stringent bail conditions etc.The special bench consists of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna and Justice Bela Trivedi. The matter will be heard on October 18.Justice SK...
'Don't Use Supreme Court Proceedings Or Other Reasons As Excuse To Delay Trial': Supreme Court To Satyendar Jain During Bail Plea Hearing
The Supreme Court on Monday adjourned until October 9 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year. The court today clarified that this interim relief will continue until the next date of the hearing. Also addressing the concern of the State that the AAP leader has...