PMLA
BREAKING| Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail; Says PMLA Has Stringent Safeguards
The Supreme Court, on Wednesday, upheld the provisions of Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.The Court upheld the constitutionality of the provisions of Sections 5, 8(4), 15, 17 and 19 of the PMLA, which relate to the powers of ED's power of arrest, attachment, search and seizure. The Court also upheld the reverse burden of proof under Section 24 of the Act and said that...
Supreme Court Judgment On Interpretation Of PMLA Provisions Expected Soon : A Recap Of The Main Issues
Upon reopening, the Supreme Court is expected to pronounce its judgment in the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002. Over a span of almost one and a half months, the Supreme Court heard arguments of the Senior Counsels representing the petitioners, the Solicitor General of India and the ASG appearing on behalf of the Enforcement Directorate, in this regard.A Bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and C.T....
Delhi High Court Directs Filling Up Of Vacant Posts In Adjudicatory Authority Under PMLA On Expeditious Basis
The Delhi High Court has directed filling up all the vacant posts, especially, Member (Administration), Member (Law) and Member (Finance or Accountancy) in Adjudicatory Authority under Prevention of Money Laundering Act (PMLA) on an expeditious basis and in any case within a period of four months.Justice Pratibha M Singh added that regarding the posts of Administrative Officer and Registrar, steps shall also be taken to fill the said posts on an expeditious basis.While a batch of petitions...
Twin Conditions For Bail U/S 45 PMLA Declared Unconstitutional By SC Restored By 2018 Amendment: Kerala High Court
The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered.After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an overriding effect and the provisions of the CrPC would apply only if they are not inconsistent with the provisions...
Supreme Court Asks SAD Leader Bikram Singh Majithia To Approach High Court For Quashing Of FIR & Seeking Bail
The Supreme Court on Tuesday granted liberty to SAD Leader Bikram Singh Majithia to approach the Division Bench of Punjab and Haryana High Court against quashing of FIR registered against him in NDPS case and for grant of bail. Majithia had also sought an alternative prayer for entrusting the investigation to the Special Investigation team, but while refusing to grant such relief, the bench of Justices DY Chandrachud, Surya Kant and PS Narasimha in their order said, "The main relief...
S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act.On the basis of the above, Justice Subhash Chand denied a bail application of an accused under the Act.The case relating to recovery...
Nawab Malik Seeks Temporary Medical Bail In Money Laundering Case
NCP leader and Maharashtra Cabinet Minister Nawab Malik has sought temporary medical bail in the money laundering case alleging his "involvement in terror funding" based on a 1999- 2005 land deal concerning Dawood Ibrahim's sister. Special Judge R N Rokade is likely to hear the plea on Monday. Malik (62) had earlier told the court that he was unwell due to kidney ailments and had swelling in his legs. Malik was arrested in the case being investigated by the Enforcement Directorate...
PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court
The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Senior Advocate Kapil Sibal, for the petitioners, made his rejoinder submissions."The heart of criminal jurisprudence is the fundamental constitutional premise that you cannot start an investigation without information that you record and without the accused knowing the information that you record. The reason behind that is that under the code of...
PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
The Supreme Court recently (February 25) dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45(1) and the twin conditions therein, as amended by the Finance Act, 2018. Upon hearing the submissions made by Solicitor General of India, Mr. Tushar Mehta, a Division Bench comprising Justices A.M. Khanwilkar and C.T. Ravikumar refused to...
Without Proving Knowledge About Proceeds Of Crime, Can Money Laundering Be Presumed? Supreme Court Asks ED
The Supreme Court on Thursday resumed hearing the string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Additional Solicitor General S. V. Raju continued his submissions on behalf of the Enforcement Directorate.Does it follow that without leading in evidence, the prosecution can succeed on the allegation of money-laundering without pointing out the aspect of 'knowingly or is actually involved in any process or activity', which is the core of section...
Section 436A CrPC Setting Cap For Pre-Trial Custody Applicable To PMLA Offences, Says Supreme Court At Hearing
The Supreme Court on Wednesday orally observed that Cr. P. C. section 436A is an independent scheme under the Cr. P. C. dealing with specific situations, which has not been modified by the Prevention of Money Laundering Act, and therefore section 436A will also apply under the PMLA regime by virtue of section 65 of the PMLA.The Court told Solicitor General of India Tushar Mehta that though the aspect of applicability of section 436A (maximum period for which an undertrial prisoner can be...