PMLA Provides Highest Benchmark For Arrest; Money Laundering Grave Offence As Victim Is National Economy, Says Supreme Court

The Supreme Court on Tuesday orally remarked that the fact that the PMLA Act contemplates a maximum punishment of 7 year' imprisonment for the offence of money-laundering does not take away from its gravity, and that the offence may well be "graver" in the sense that it does not affect just one individual but the victim is the national economy.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was hearing a batch of petitions challenging the constitutionality of...

PMLA's Original Intent Getting Lost With Ordinary Crimes Being Added As Scheduled Offences : Senior Lawyers Argue In SC

The Supreme Court on Thursday continued hearing batch of petitions concerned with the interpretations of various provisions of Prevention of Money Laundering Act, 2002 ("PMLA Act")The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submission Of CounselsVacuum In Special Legislation Is To Be Filled By CrPC: Senior Advocate Vikram ChaudhariFocusing on filling the vacuum in any special legislation by CrPC, Senior Advocate Vikram Chaudhari submitted...

Supreme Court Permits Unitech Promoters Sanjay And Ajay Chandra To Have One Video Conferencing Meeting Every Fortnight With Their Lawyers

The Supreme Court on Thursday permitted Unitech promoters Sanjay and Ajay Chandra to have one video conferencing meeting every fortnight with their lawyers for a duration of one hour, with the added caveat that they shall furnish to the superintendent of the jail in advance the identity of the advocate or, as of the case maybe, the advocates, with whom the meeting will be held together with proof of bar council enrollment.As regards meetings with the family members, the Court directed that the...

Expansive Powers Of Arrest & Attachment Under PMLA Creating Havoc: Sidharth Luthra To Supreme Court

The Supreme Court on Thursday continued hearing a batch of petitions concerned with interpretation of the Prevention of Money Laundering Act, 2002 ("PMLA Act").The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submissions Of Senior Advocate Sidharth Luthra Restrictions Under Section 45 Has Led To Series Of Disabilities To Individual Without Safeguard Under Article 22; ED Manual Is Grey Area Which Has Not Seen Light Of The Day;...

PMLA Arrest Process Like A 'Frankenstein's Monster' : Kapil Sibal Urges Supreme Court To Devise Fair Procedure

The Supreme Court on Wednesday continued hearing a batch of petitions concerned with interpretation of the Prevention of Money Laundering Act, 2002 ("PMLA Act").The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submissions Of Counsel(s)We've Created Frankenstein Monster; Laws Of This Nature Should Be Dealt With As Quickly As Possible: Senior Advocate Kapil SibalSenior Advocate Kapil Sibal, while referring to Section 19 of PMLA Act which deals...

Supreme Court Adjourns Pleas Challenging Provisions Of PMLA For January 25

The Supreme Court today adjourned the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act for January 25, 2022.Since the batch of pleas were listed for January 11, 2022 Senior Advocate Kapil Sibal today mentioned the matter before the bench headed by Justice AM Khanwilkar for adjourning the matter for 4-6 weeks. "The problem is that there is a lockdown in the sense that on the weekend there was a lockdown. This is a matter in which juniors will have to...

Rigors Of Section 45 PMLA Act Must Get Triggered While Considering Anticipatory Bail Plea In Connection With PMLA Offence: Supreme Court

The Supreme Court observed that, once the prayer for anticipatory bail is made in connection with offence under the Prevention of Money Laundering Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered although the application is under Section 438 of Code of Criminal Procedure.It is the duty of court to examine the jurisdictional facts including the mandate of Section 45 of the PMLA Act, which must be kept in mind, the bench comprising Justices AM Khanwilkar...

Money Laundering Case: Anil Deshmukh Approaches Mumbai Special Court For Default Bail

Maharashtra's former Home Minister Anil Deshmukh, who was arrested on November 2 last year by the Enforcement Directorate in connection with a money laundering case, has filed for default bail under section 167 (2) of the Criminal Procedure Code, before the special court in Mumbai.Deshmukh is currently in judicial custody in an alleged Prevention of Money Laundering case and has filed for bail on the grounds that the special PMLA court is yet to take cognisance of the charge sheet filed against...

PMLA Authority Can Pass Order On Attachment Of Anil Deshmukh's Assets Worth 4.2 crore, But No- Coercive Steps Till January 10 : Bombay High Court

The Bombay High Court on Friday allowed the Adjudicating Authority under Prevention of Money Laundering Act to pass an order regarding attachment of assets belonging to former Home Minister Anil Deshmukh and his family but directed that no coercive steps should be taken till January 10 or without the HC's permission. A division bench of Justices Gautam Patel and the Madhav Jamdar modified December 6 order by which they had restrained the Authority from passing final orders. The...

Bombay High Court Restrains PMLA Adjudicating Authority From Passing Orders On Attachment Of Anil Deshmukh's Assets

The Bombay High Court on Monday restrained the Adjudicating Authority under the Prevention of Money Laundering Act from passing orders on the provisional attachment of assets of former Maharashtra Home Minister Anil Deshmukh, till January 14. A division bench of Justices Gautam Patel and Madhav Jamdar heard Anil Deshmukh's wife – Aarti's petition challenging the provisional attachment of the family's assets worth Rs. 4.2 crores by the Enforcement Directorate as well as the proceedings...

Delhi High Court Seeks Status Of Appointments Of Chairperson & Members In Adjudicating Authority Under PMLA

The Delhi High Court has sought status of appointments for Chairperson, Member (Administration) and Member (Law) in Adjudicating Authority under the Prevention of Money Laundering Act. Justice Pratibha M Singh had earlier directed Centre for filling up the vacancy positions within a period of three months and sought status report to be filed in respect of the steps taken for appointments and filling up of vacancies, within a period of two months. Pursuant to this, the Centre had filed...

Statements Of Accused Persons Under Section 50 Of The PMLA– Highlighting The Lack Of Constitutional Protection

Section 50 of the Prevention of Money Laundering Act, 2002 (hereinafter "PMLA") pertains to powers of an investigating officer in relation to summons, production of documents, giving evidence etc. Section 50(2) of the PMLA empowers The Director, Additional Director, Joint Director, Deputy Director or Assistant Director to summon any person for the purposes of giving evidence or producing records. Section 50(3) of the PMLA compels the person so summoned to state the truth, without having...