Breaking: Delhi Court Denies Bail To Satyendar Jain In Money Laundering Case

A Delhi Court on Thursday denied bail to Aam Aadmi Party leader Satyendar Jain in a money laundering case. Special Judge Vikas Dhull of Rouse Avenue Courts pronounced the order. The court also denied bail to co-accused Ankush Jain and Vaibhav JainSenior Advocates N.Hariharan and Rahul Mehra appeared for Jain whereas ASG SV Raju along with Zoheb Hossain represented ED.The court had reserved the order on November 11. "It has prima facie come on record that...

Delhi Riots: High Court Reserves Order On Tahir Hussain's Plea Challenging Framing Of Charges In Money Laundering Case

The Delhi High Court on Tuesday reserved order in the plea filed by former Aam Aadmi Party Councillor Tahir Hussain challenging charges framed against him in a money laundering case registered in connection with the North East Delhi riots of 2020.Justice Anu Malhotra reserved the order after hearing Advocate Naveen Malhotra, who represented Tahir Hussain, and Zoheb Hossain, the counsel of Enforcement Directorate. The charges against Tahir Hussain were framed earlier this month by city's...

Does Moratorium Under IBC Take Away ED's Power To Order Attachment Of Property Under PMLA? Delhi High Court Says No

Observing that assets, which may have been obtained by the commission of a scheduled offense cannot be accorded exemption or immunity from the rigours of the PMLA, the Delhi High Court on Friday ruled that provisions of the money laundering Act are not subservient to the moratorium provision comprised in Section 14 of the Insolvency and Bankruptcy Code, 2006. "Acceptance of such a contention would not only run contrary to the legislative policy but also undermine the efforts of the...

"Obesity Root Cause Of All Diseases": Punjab & Haryana High Court Grants Bail To Money Laundering Accused Weighing 153 Kg

Considering his co-morbidities, his case would fall within the exception of being 'sick' as carved out in the first proviso to Section 45 (1) of the Prevention of Money Laundering Act, 2002, the Court said.

'They Want To Arrest Me Before Elections': Congress Leader DK Shivakumar Approaches Delhi High Court Against Money Laundering Probe

The Delhi High Court on Wednesday issued notice in a plea moved by Karnataka Congress Chief DK Shivakumar challenging the investigation initiated by Enforcement Directorate (ED) against him in a money laundering case.A division bench of Justice Mukta Gupta and Justice Anish Dayal sought response of ED, while listing the matter for next hearing on December 15. Shivakumar has challenged the proceedings initiated by ED in the year 2020, arguing that the agency is "re-investigating the same offence"...

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8(4) of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise of its writ jurisdiction. The observations were made by a bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar while...

[S.50 PMLA] Application For Recording Statement Of Accused Can Only Be Made Before Sessions/ Special Court, Not Magistrate: Karnataka HC

The Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of an accused/ suspect can only be made before the Special Court designated to try cases under the Act. A single judge bench of Justice M Nagaprasanna said, "PMLA mandates that anything emanating from the PMLA shall be considered only by the Special Court." The bench made the observation while allowing the petition filed by one Harsha...

Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday observed that Section 8(4) of the PMLA Act clearly provides that the authorized officer can forthwith take over possession of the attached property once the order of provisional attachment is confirmed by the Adjudicating Authority. It clarified that the expression "forthwith" used in Section 8(4) of the Act denotes clear intention of the legislature not to wait for the period of limitation prescribed for filing of appeal under Section...

Sick Or Infirm Persons Need Not Satisfy Twin Conditions For Bail Under PMLA: Delhi High Court

The Delhi High Court has said that sick or infirm persons need not satisfy the twin conditions for the grant of bail under Section 45(1) of the Prevention of Money Laundering Act.The twin conditions are that when an accused applies for bail under PMLA, the public prosecutor has to be given an opportunity to oppose the same and if the court is considering grant of bail, there must be reasonable grounds for it to believe that the person is not guilty and is unlikely to commit any offence while on...

In PMLA If Someone Has Been Inside For 3 Years, That's A Good Measure, Says Supreme Court While Granting Bail

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Friday, granted bail to the former IL&FS director Ramchand Karunakaran. Karunakaran was arrested in 2019 for alleged offences under the Prevention of Money Laundering Act. At the outset, Senior Advocate Kapil Sibal, appearing for the petitioner Karunakaran, stated that he had already served 3 years 3 months and 4 days imprisoned and was 67 years old. He also submitted that the other members of the...

Satyendar Jain Case Transfer | 'Special Judge An Upright Officer But Circumstances Raise Apprehension of Probable Bias': Delhi Court

Transferring the proceedings in a money laundering case against Aam Aadmi Party leader Satyendar Jain to another judge, a Delhi Court today observed that although the special judge, who was hearing the matter, is an upright officer, the overall "circumstances" are sufficient to raise a reasonable apprehension of probable bias in the mind of the Enforcement Directorate.Allowing the central agency's application for transfer the proceedings from the court of Special Judge Geetanjali Goel,...

Long Tenure For ED Director Serves Public Interest, Challenge Against It Politically Motivated : Centre To Supreme Court

From claiming that the petitioners are politically motivated to stating that the legislature's motive in enacting a law cannot be questioned, the Central government has filed a comprehensive counter affidavit supporting the extension of tenure given to the Director of the Directorate Enforcement (ED). This affidavit came in response to a batch of petitions challenging the extension given to the Director of the Directorate of Enforcement. The petitions also challenge Central Vigilance...