PMLA&FEMA
[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...
Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC
The Delhi High Court has held that the condition of supplying the “reasons to believe” by ED to a person arrested under PMLA as a separate document as per Supreme Court's ruling in Arvind Kejriwal case ought to be applied prospectively. Justice Anish Dayal said that the ED could not be expected to comply with the additional condition, if the arrest was made in the pre-Arvind Kejriwal judgment period. On July 12, the Supreme Court, while granting bail to Kejriwal in the liquor policy case, had...
Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
The Supreme Court on Wednesday (November 27) expressed that it will require persons accused of money laundering to file undertaking that they will not seek adjournments and delay trial before granting bail on the ground that trial is delayed.“So this is the course we want to adopt now if we are granting bail on the ground that the matter is not progressing. Interests will be balanced. Unless we find that something is really there on merits. That is a different case, we will grant bail on...
Congress Leader P Chidambaram Moves Delhi High Court Against Trial Court Taking Cognizance Of ED Chargesheet In INX Media Case
Senior Congress leader P. Chidambaram has moved the Delhi High Court challenging a trial court order which took cognizance of the chargesheet filed against him by the Enforcement Directorate (ED) in the money laundering case connected to the INX Media case.Senior Advocate N Hariharan appearing for Chidambaram submitted before Justice Manoj Kumar Ohri on Thursday that mandatory sanction to prosecute the Congress leader was not obtained by the prosecuting agency in the case. Apart from the...
'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused
The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for wilful disobedience of the order.The Court said that it is a “sorry state of affairs” that the medical...
Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Cognizance Of ED Chargesheet, No Stay Granted Today
The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party (AAP) Chief Arvind Kejriwal challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri granted time to ED to respond to the plea. However, the Court did not pass any order in the stay application for today.Senior Advocates N Hariharan and Rebecca M John along with Advocates Vivek Jain and...
Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case
The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in a few exceptional cases, the maximum sentence can be of seven years. Reiterating that keeping the accused in custody by using Section 45 PMLA as a tool...
Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate (ED) complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation is not fully completed.This, as per the Court, can be done especially in light of the Explanation-II introduced in the...
Someday You Must Find Out How Many PMLA Complaints Ended In Trial & Conviction: Supreme Court Tells ED
The Supreme Court on Monday (November 18) once again expressed concerns about the low rate of convictions in the complaints filed under the Prevention of Money Laundering Act (PMLA).Justice Abhay S Oka, heading a bench comprising Justice Ujjal Bhuyan, orally told the counsel of the Enforcement Directorate, "Someday you must find out how many cases of a complaint under PMLA have ended with trial and how many have resulted in a conviction."The observation was made while considering a bail...