If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court

Detention or jail before being pronounced guilty of an offence should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case. The Court in its judgment has emphasised that the right to speedy trial is a fundamental right within the scope of Article 21 of the...

Supreme Court Adjourns Senthil Balaji's Plea For Bail On Medical Grounds Till Next Week

The Supreme Court on Monday (October 30) adjourned the hearing of Tamil Nadu minister and DMK leader Senthil Balaji's plea seeking bail on medical grounds until next week. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case.A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a special leave petition against...

ED Can’t Be Expected To Work As Magicians, Will Take Time To Investigate And Reach Truth: Delhi High Court In Sanjay Singh Case

While dismissing Aam Aadmi Party MP Sanjay Singh’s plea challenging his arrest and remand in money laundering case, the Delhi High Court has said that the Enforcement Directorate cannot be expected to work as magicians and that it will take time to investigate a case and reach to the truth. “Even if the investigating agency/ED is premier investigating agency, they cannot be expected to...

Excise Policy Case: Delhi High Court Denies Regular Bail To Businessman Sameer Mahendru On Medical Grounds

The Delhi High Court has denied regular bail to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.Justice Swarana Kanta Sharma observed that Mahendru is not suffering from any life threatening condition or sickness or infirmity involving danger to his life and for which treatment cannot...

ED’s Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court

The Delhi High Court on Thursday ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest. Justice Anup Jairam Bhambhani said that the power to arrest is “conspicuously absent” in section 50 of the PMLA which empowers ED officers to arrest any person, subject to satisfying the conditions mentioned...

Delhi High Court Upholds Chinese National’s ED Remand Of Three Days In Vivo Money Laundering Case

The Delhi High Court has upheld a trial court order remanding a Chinese national to three days of Enforcement Directorate’s custody in a money laundering case registered against smartphone manufacturer Vivo. Justice Swarana Kanta Sharma said that the trial court order takes into account the mandate of compliance of provisions of Section 19 and 45 of the PMLA. The court said that the grounds...

NewsClick Case | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Not Applicable To UAPA: Delhi High Court

The Delhi High Court has ruled that the Supreme Court’s judgment in Pankaj Bansal case, directing ED to inform grounds of arrest in writing to the accused, cannot be said to be squarely applicable to a case arising under UAPA.Justice Tushar Rao Gedela held that under UAPA, the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of...

Supreme Court Forms Special Bench To Hear Review Against PMLA Judgment, Hearing On Oct 18

The Supreme Court has constituted a special bench to hear the review petitions against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, seizure, presumption of innocence, stringent bail conditions etc.The special bench consists of Justice Sanjay Kishan...

'Don't Use Supreme Court Proceedings Or Other Reasons As Excuse To Delay Trial': Supreme Court To Satyendar Jain During Bail Plea Hearing

The Supreme Court on Monday adjourned until October 9 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year. The court today clarified that this interim relief will continue...

Delhi High Court Dismisses Supertech Chairman RK Arora’s Plea Challenging Arrest By ED In Money Laundering Case

The Delhi High Court on Friday dismissed a petition moved by Supertech Chairman Ram Kishor Arora challenging his arrest by the Enforcement Directorate in a money laundering case. Justice Dinesh Kumar Sharma said that no fundamental rights of Arora were violated and that there was nothing on record to suggest that he was denied right to consult or be defended by a legal...

PMLA Does Not Postulate Separate ‘Reason To Believe’ For Each Property Attached Provisionally Under Section 5: Delhi High Court

The Delhi High Court has observed that the Prevention of Money Laundering Act, 2002, does not postulate a separate “reason to believe” for each property which stands attached under the provisional attachment order passed under Section 5(1) of the enactment. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an...

Jet Airways Funds Not Used For Personal Expenses, Family Members Drew Salaries With Approval Of Central Govt: Naresh Goyal To Bombay HC

Jet Airways founder Naresh Goyal has claimed that his family members received salaries in their capacity as employees of Jet Airways, countering Canara Bank’s allegation that he siphoned off funds from Jet Airways by paying for personal expenses such as salaries of staff, phone bills and vehicle expenses of the Goyal family.“Family members of the Petitioner were being paid salaries and...