Can't Bypass Remedies Under PMLA Unless Entirely Ill-Suited: Kerala High Court Dismisses Santiago Martin's Plea Against ED Attachments

The Kerala High Court on Tuesday dismissed 'lottery king' Santiago Martin's petition challenging ED's attachment orders freezing his and his company's movable assets under the Prevention of Money Laundering Act, 2002 (PMLA).Justice Bechu Kurian Thomas held that PMLA provides a comprehensive three-tier remedy for such grievances and that the petitioners ought to have exhausted their alternative remedies rather than bypassing them, unless they are unsuitable for the situation."a three-tier remedy...

Violation Of Section 19 PMLA Will Vitiate Arrest; Magistrate Should Ensure That ED Followed Arrest Procedure : Supreme Court

The Supreme Court on Monday held that any non-compliance of the mandate of Section 19 (Power To Arrest) of the Prevention Of Money Laundering Act, 2002, would vitiate the very arrest itself. A division bench of Justice A S Bopanna and Justice M M Sundresh while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case, observed that: “Any non-compliance of the mandate of Section 19 of the PMLA, 2002 would enure to the...

‘Custody' Under Section 167 CrPC Includes Custody Of Other Investigating Agencies Such As ED, Not Just Police: Supreme Court

The Supreme Court on Monday held that ‘custody' under Section 167 of the Code of Criminal Procedure, 1973 includes custody of other investigating agencies such as the Enforcement Directorate and not just the police alone.The said observation was made by a division bench of Justice A S Bopanna and Justice M M Sundresh while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case. Under Section 167(1) of the CrPC, a...

'Case That Rocked Entire Banking System': Supreme Court Refuses Bail To Yes Bank Founder Rana Kapoor In Money Laundering Case

The Supreme Court of India on Friday refused to grant bail to Yes Bank founder Rana Kapoor in a money laundering case. He has been accused of receiving illegal gratification in exchange for sanctioning bad loans to high-profile borrowers. The Yes Bank co-promoter has been behind bars since March 2020. A bench of Justices Sanjiv Khanna and SVN Bhatti was hearing a special leave petition filed by Kapoor challenging the decision of the Bombay High Court to deny his second bail...

Courts Today 02.08.2023: Nuh Violence, Gyanvapi Mosque Case, Article 370 [Video]

‘PMLA Abused Enough; Govts Toppled On Basis Of ED’, Says Kapil Sibal In Senthil Balaji Case; Solicitor General Objects To 'Political Arguments'

Senior Advocate Kapil Sibal expressed his apprehension over the ‘abuse’ of the Prevention of the Money Laundering Act, 2002 to target political opposition in the country. He made this remark on Thursday during the Supreme Court hearing on the legality of DMK MP and Tamil Nadu minister V Senthil Balaji’s custody by the Enforcement Directorate (ED) in connection with a cash-for-jobs scam in the state. Balaji and his wife have both filed separate petitions challenging a verdict of the Madras...

‘Even Private Persons Can Make Arrests, But Can They Seek Police Remand?’: Sibal In Supreme Court Argues Against ED Custody Of Senthil Balaji

The power of the Directorate of Enforcement (ED) to make an arrest under the Prevention of Money Laundering Act, 2002 cannot be conflated with the power to seek the remand of an accused in its own custody, Senior Advocate Kapil Sibal told the Supreme Court of India on Wednesday. “The investigation by the Enforcement Directorate is an inquiry for the purposes of the Prevention of Money Laundering Act. In other words, the ED officers conduct inquiries, gather evidence, and make arrests...

Courts This Week | Ep 163 | Manipur Violence | Gyanvapi Mosque | Rahul Gandhi & More [Video]

A weekly round-up of the most important legal developments taking place in various courts across India.

Supreme Court Issues Notice On TN Minister Senthil Balaji's Plea Against Madras HC Allowing ED To Take Him Into Custody

The Supreme Court on Friday issued notice on the petitions filed DMK leader and Tamil Nadu minister V Senthil Balaji and his wife Megala challenging the verdict of the Madras High Court holding that the Directorate of Enforcement (ED) was entitled to take him into custody in connection with a cash-for-jobs scam in the state.A bench of Justices AS Bopanna and MM Sundresh posted the matter for hearing on July 26 at 2 PM.Senior Advocate Kapil Sibal, appearing for the petitioners, started by...

The Madras High Court Delivers Split Verdict in the Senthil Balaji Habeas Corpus Case [Video]

Delhi Liquor Policy Case | SC Refuses to Entertain ED’s Plea Against Interim Bail Granted by HC to Businessman Sameer Mahandru

The Supreme Court of India on Monday refused to entertain the Enforcement Directorate’s plea against a decision of the Delhi High Court to grant businessman Sameer Mahandru interim bail for six weeks on medical grounds. A division bench of Justices Sanjiv Khanna and Bela M Trivedi was hearing an appeal preferred by the central agency against the June 12 order of the Delhi High Court. Additional Solicitor-General SV Raju, appearing for the ED, vehemently argued that the impugned...

BREAKING - Delhi High Court Denies Bail To Manish Sisodia In Money Laundering Case

The Delhi High Court on Monday denied bail to Aam Aadmi Party leader and Delhi’s former Deputy Chief Minister Manish Sisodia in the money laundering case related to the implementation of previous liquor policy in national capital.Justice Dinesh Kumar Sharma also denied bail to co-accused persons Hyderabad businessman Abhishek Boinpally, AAP’s communications incharge Vijay Nair and General Manager of Pernod Ricard India Benoy Babu. The court observed that the order...