PMLA&FEMA
Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court
The Delhi High Court on Friday ruled that allowing retention of seized property without strict adherence to PMLA provisions would amount to a violation of the legislative mandate of the enactment and would undermine the very purpose of incorporating procedural safeguards therein.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the processes of search, seizure, freezing, attachment, and retention under PMLA are embedded with procedural...
'Remained Uncooperative': Punjab & Haryana High Court Rejects Ex-MLA Dharam Singh Chokker's Plea Challenging ED Arrest In PMLA Case
The Punjab and Haryana High Court has dismissed the petition filed by former Haryana MLA Dharam Singh Chokker, who had challenged his arrest by the Enforcement Directorate (ED) under the provisions of the Prevention of Money Laundering Act (PMLA), 2002.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to be delivered in 2021-2022. The company accounts, funds were allegedly...
Madras High Court Summons ED Assistant Director In Contempt Plea For Continuing PMLA Probe Despite HC Stay Order
The Madras High Court, on Wednesday, issued a statutory notice to the Assistant Director of Enforcement, Vikas Kumar, in a contempt petition filed by film producer Akash Baskaran for continuing the probe in an alleged money laundering case despite a stay issued by the High Court. The bench of Justice MS Ramesh and Justice V Lakshminarayanan issued notice asking the Assistant Director to appear before it on September 17. The bench expressed its displeasure after noting that the...
Being 'Sick And Infirm' Not Automatic Passport For Bail In PMLA, Medical Plea Can't Override Gravity Of Offence: Delhi High Court
Underscoring that being “sick and infirm” is not an automatic passport for bail in PMLA cases, the Delhi High Court has observed that medical plea cannot override the gravity of offence of money laundering. Justice Ravinder Dudeja observed that illness warrants bail only when treatment in custody is clearly inadequate. “Therefore, the medical plea cannot override the gravity of the offence, societal interest, and the statutory rigour governing such matters,” the Court said. The judge made the...
[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court
The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The Court said that the impugned order failed to...
Supreme Court Refuses To Entertain Ex-Chhattisgarh CM Bhupesh Baghel's Challenge To S.44 PMLA On ED's Further Investigation Powers
While refusing to entertain former Chhattisgarh Chief Minister Bhupesh Baghel's challenge to the constitutional validity of Section 44 of PMLA, the Supreme Court today allowed persons aggrieved by violations of 'further investigation' powers of Enforcement Directorate to approach jurisdictional High Courts.Briefly put, Baghel's petition assailed the Explanation to Section 44 PMLA as per which “the complaint shall be deemed to include any subsequent complaint in respect of further investigation...
'HC Interfered Prematurely' : Supreme Court On Delhi HC Deferring PMLA Charge Hearing Against Karti Chidambaram MP
The Supreme Court today issued notice on Enforcement Directorate's plea against a Delhi High Court order which deferred arguments on charge against Congress MP Karti Chidambaram in the PMLA proceedings related to Chinese visa and Aircel Maxis cases.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, after hearing Additional Solicitor General SV Raju (for ED), who questioned why PMLA trial should await framing of charges in the predicate offense.At first, Justice Kant expressed...
Supreme Court Orders Release Of Rs.1 Crore Deposited By Lok Sabha MP Karti P Chidambaram As Pre-Condition For Foreign Travel
The Supreme Court today ordered release of Rs.1 crore amount deposited by Lok Sabha MP Karti P Chidambaram with the Court's Secretary General as a pre-condition for foreign travel in 2022.A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh passed the order, noting that pursuant to the 2022 order, Chidambaram travelled abroad and deposited his passport with the Investigating Officer after coming back to India."Miscellaneous application is allowed and amount of Rs.1 crore...
PMLA Review Hearing : Live Updates From Supreme Court
The Supreme Court is hearing the review petitions filed against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the various provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search & seizure, reverse burden of proof, non-supply of ECIR copy etc.A bench comprising Justice Surya Kant, Justice Ujjal Bhuyan and Justice NK Singh has decided to hear the preliminary objections raised by the Enforcement Directorate and the Union to the...
Supreme Court Asks Ex-Chhattisgarh CM Bhupesh Baghel, Son To Approach High Court For Interim Reliefs In Liquor 'Scam' & Other Cases
The Supreme Court on Monday (August 4) asked former Chhattisgarh Chief Minister Bhupesh Baghel and his son Chaitanya Baghel to approach the Chhattisgarh High Court for interim reliefs in the Coal 'scam' cases, Liquor 'scam' cases, Mahadev betting app cases, Rice milling cases and DMF 'scam' cases lodged by the Enforcement Directorate, CBI and State Police.Briefly put, Chaitanya Baghel (who was arrested 2 weeks ago) questioned the necessity of his arrest and sought interim bail in the ED case...