Delhi Court Orders Inquiry Against ED Assistant Director, Other Officers For ‘Unjustified Incarceration’ Of Accused For 17 Days

A Delhi Court on Friday ordered the Director of Directorate of Enforcement to conduct an inquiry against an investigating officer — an Assistant Director-rank officer, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.“It appears that the accused has suffered the custody period of 17 days due to the callous approach of the agency against the fundamental right of personal liberty guaranteed under the Constitution of India and also contrary to...

PMLA Doesn't Empower ED To Take CRPF's Assistance For Arrest, Its Presence Itself Vitiates Detention Process: Senthil Balaji’s Wife To Madras HC

In an additional affidavit filed in support of the habeas corpus petition challenging the arrest of Tamil Nadu Minister V Senthil Balaji by the Enforcement Directorate, his wife Megala has submitted that the Prevention of Money Laundering Act or PMLA does not empower the Enforcement Directorate to seek the assistance of the CRPF nor it is within the duties enumerated for the CRPF. Megala has contended that the CRPF could only be present in aid to the civil power, as per Entry 2A in List...

SC Adjourns ED’s Plea In Senthil Balaji’s Case; Decides to Wait For Madras HC's Final Verdict [Video]

The Saga Of Money Bill Controversies In India

Chief Justice DY Chandrachud recently made an oral remark on the constitution of a 7 judge bench for considering the money bill issue. Its formation is due to the reference made by the constitution bench in Roger Mathew v. South Indian Bank[1] on the interpretation of Article 110(1) of the Constitution of India. The correctness of the majority judgment in Aadhaar case[2] on this point was also doubted by the Court. Thereafter in the PMLA case,[3] the question left open for the...

SC Stays Preeti Chandra’s Bail Order, Issues Notice in Appeal Challenging Bail | Unitech Case [Video]

Woman Can’t Be Classified Based On Their Education Or Occupation For Bail Under Proviso To Section 45(1) PMLA: Delhi High Court

The Delhi High Court has ruled that a woman cannot be classified based on their education, occupation or social status for being entitled to be released on bail under the provisio to section 45(1) of PMLA. “PMLA does not define a woman. It is neither the intention of the Constitution of India nor the intention of PMLA to classify women on the basis of their education and occupation, social standing, exposure to society, etc,” Justice Jasmeet Singh said. The court observed that such...

Delhi High Court Grants Bail To Preeti Chandra In Money Laundering Case, Says Order Be Not Given Effect Till June 16 After ED Request

The Delhi High Court on Wednesday granted bail to Preeti Chandra, the wife of Unitech promoter Sanjay Chandra, in a money laundering case probed by Enforcement Directorate. However, at the request of ED, Justice Jasmeet Singh said that the order be not given effect to till Friday. As the court pronounced the order, ED Counsel Zoheb Hossain requested that the order may not be given effect to till June 16 as the agency has to challenge the same. The appeal will become infructuous, Hossain...

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking anticipatory bail and that both the courts have concurrent jurisdiction to deal with such cases. “It is discretionary for the Applicant...

Supreme Court Issues Notice In Satyendra Kumar Jain’s Bail Plea [Video]

The Supreme Court’s Judgement Regarding PMLA Investigation In Cash-For-Jobs Scam - Explained [Video]

SC Says Accused Not Entitled To Bail Merely Because Chargesheet Filed In Predicate Offence | PMLA [Video]

Supreme Court Dismisses Challenge to Ex-Mumbai Police Commissioner's Bail | NSE Phone Tapping Case [Video]