'Something Wrong In ED' : ASG SV Raju Disowns ED's Affidavit, Says It's Filed Without Verification; 'Serious Matter', Says Supreme Court

Additional Solicitor General SV Raju made a startling submission before the Supreme Court on Friday (January 17) that there was something "fishy" about a counter-affidavit filed by the Enforcement Directorate (ED).ASG told a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, which was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam, that the ED's counter-affidavit was "half-baked" and was filed without proper...

Supreme Court Grants Bail to JJM Scam Accused Padam Chand Jain In PMLA Case, Clarifies That Bail To Manish Sisodia Was Not Granted Under Article 142

While granting bail to Jal Jeevan Mission scam accused Padam Chand Jain in a money laundering case, the Supreme Court today clarified that the order granting bail to former Delhi Deputy CM Manish Sisodia was not passed in exercise of powers under Article 142 of the Constitution.The matter was before a bench of Justices BR Gavai, AG Masih and K Vinod Chandran, which noted that Jain has already been granted bail in the predicate offenses, that evidence in the case is primarily documentary in...

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 (PMLA) the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise.Quashing complaints filed under the PMLA in an alleged 250 crore scam Justice Javed Iqbal Wani observed,“Having regard to the aforesaid position obtaining in the matter, inasmuch as the admitted facts noticed...

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women

The Supreme Court on Thursday (December 19) pulled up the counsel representing the Enforcement Directorate (ED) for contending that rigorous bail conditions under the Prevention of Money Laundering Act (PMLA) will apply to women.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a petition challenging the denial of bail to woman accused of money laundering.“If submissions are going to be made by Union of India contrary to express statute, we will ask Attorney General to...

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

The Supreme Court yesterday (December 19) set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, (PMLA) to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence (offences related to property in this case). A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the Gauhati High Court dated January 3, whereby the summons...

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act (PMLA) is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. A division bench of Justice SM Subramaniam and Justice M Jothiraman noted that since the procedures contemplated under the PMLA for trial are different, there was no question of joint or simultaneous trial....

PMLA Case | Allahabad HC Denies Bail To Man Accused Of Duping People By Impersonating Person Close To PM Modi

The Allahabad High Court on Tuesday denied bail to one Mohammad Kashif, booked under the Prevention of Money Laundering Act, on the allegations that he duped people financially by flaunting on social media morphed images with ministers, including Prime Minister Narendra Modi. Denying him the relief, a bench of Justice Samit Gopal noted that the alleged recovery of huge amount of money and other related documents and articles corroborate his deeds and that there is nothing credible to...

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the PMLA. Justice Bechu Kurian Thomas thus set aside the order of provisional attachment of properties purchased...

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only 40 cases.In the evolving jurisprudence of the Prevention of Money Laundering Act (PMLA), the Punjab and...

ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court

The Supreme Court on Wednesday (December 11) held that while the Enforcement Directorate (ED) and its director can give instructions related to facts of a case to prosecutors, they cannot dictate the prosecutors' actions in court.“We may also note here that the Enforcement Directorate and its Director can give instructions to public prosecutors on facts of the case. However, the Enforcement Directorate or its Director cannot give any instructions to the public prosecutor about what he ought to...

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. The alleged victims were from countries such as the US, UK, Germany, Australia, etc.Justice Suvra Ghosh held: The charge sheet of the scheduled offence does not name the victims who are undoubtedly the best persons to substantiate the allegations against the...

Supreme Court Flags “Disturbing Features” In ED's Arrest Of Ex-IAS Officer In Chhattisgarh Liquor Scam

The Supreme Court on Friday (December 6) highlighted “disturbing features” of the arrest of former IAS officer Anil Tuteja by the Enforcement Directorate (ED) in a money laundering case connection with the Chhattisgarh liquor scam andA bench comprising Justice Abhay S. Oka and Justice Augustine George Masih noted that Tuteja was taken by ED from the ACB office, interrogated throughput the night and then shown as arrested only at 4 am in the morning.“We must record a very disturbing feature of...