Chhattisgarh HC Denies Interim Relief To Bureaucrat In Money Laundering Case [Read Order]

The Chhattisgarh High Court on Tuesday refused to grant interim relief to lok Shukla, former IAS and Principal Secretary to the Department of Parliamentary Affairs, Chhattisgarh, in the Enforcement Case Information Report (ECIR) registered against him for money laundering. The division bench of Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu granted two weeks time to...

Chhattisgarh HC Issues Notice To ED On Plea Challenging Constitutionality Of Provisions Of Arrest Under PMLA & Seeking Quashing Of ECIR Lodged Against Bureaucrats [Read Petition]

The Chhattisgarh High Court has issued notice to the Directorate of Enforcement on a petition challenging various provisions of the Prevention of Money Laundering Act, 2002, relating to arrest, as ultra vires the Constitution. The said plea also seeks quashing of the Enforcement Case Information Report (ECIR) registered against the Petitioner namely Alok Shukla, former IAS and...

Are Lawmakers Justified In Amending Section 45 Of Prevention Of Money Laundering Act, 2002?

The Prevention of Money Laundering Act is synonymous with white collar crimes. Money laundering poses a threat not only to the financial system of the nation, but also to its integrity and sovereignty. To curb this menace, the Prevention of Money Laundering Act, 2002 was enacted. The Act envisioned tackling the transgression of money laundering by punishing offenders and attaching properties involved in offences of money laundering. The Money Laundering Bill was introduced in the...

SC Allows ED to Attach Assets Of JP Morgan And Its Directors To The Extent Of Amounts Allegedly Diverted From Amrapali Homebuyers [Read Order]

The Supreme Court on Friday allowed Enforcement Directorate (ED) to attach properties of US-based JP Morgan and its directors to the extent of the amounts allegedly diverted by the now-defunct Amrapali group from homebuyers in violation of the Foreign Exchange Management Act (FEMA) and FDI norms.Based on the submission made by the ED that it has prima facie identified Rs 187 Crores in...

Decide Whether 'Not Releasing Prisoners/Undertrials Accused Under Special Enactments Is Discriminatory': Bombay HC Asks High Power Committee [Read Order]

The Bombay High Court has directed the high power committee constituted by the state government to decide whether the distinction made between prisoners/undertrials accused under IPC and those under special enactments like MPID, MCOCA, NDPS, PMLA, UAPA etc for release on parole due to the pandemic of Covid-19, is discriminatory. Justice GS Kulkarni was hearing a suo motu writ petition...

Supreme Court Upholds Summoning Of Accused Through Non-Bailable Warrants in PMLA cases

As per the latest Annual Report for financial year 2018-19 released by the Reserve Bank of India, the amount involved in the banking fraud cases has gone up by whooping 73.8 percent involving a total of Rs 71,542.93 crores, which sufficiently explains the imminent need for stringent enforcement of money laundering laws in India. Considering the deep rooted conspiracies involved in commission of such economic offences, the Hon'ble Supreme Court of India has taken a stricter and stringent...

Delhi HC Refuses To Accept Bail Plea Moved By Fortis Promoter Shivinder Singh Citing COVID-19 [Read Order]

Delhi High Court has refused to grant interim bail to Fortis Healthcare promoter Shivinder Singh, who had cited the possibility of catching COVID19 in prison as a reason to seek relief. While denying the relief, the Single Bench of Justice Mukta Gupta noted that Shivinder Singh is allegedly involved in offence punishable with more than 7 years of sentence and in more than one...

Property Acquired Prior To Commission Of Criminal Activity Cannot Be Attached Under PMLA: Punjab & Haryana HC [Read Judgment]

In a case regarding the attachment of property under the Prevention of Money Laundering Act (PMLA), 2002, the High Court of Punjab & Haryana held that property acquired prior to the commission of criminal activity or the introduction of PMLA cannot be attached unless property obtained or acquired from scheduled offence is held or taken outside the country. The division bench...

Decoding The Enquiries Under Prevention Of Money Laundering Act, Customs Act Vis-A-Vis The Personal Liberty: (PART 1)

India is one amongst the country who is apart from transforming its own economy, is proving its mettle at the world's stage. The spine of an economy certainly depends upon its tax, revenue regimes, and allied economic policies. For a country to grow, it is equally responsible for its law enforcement agencies how do they deal with the alleged tax and duty violators. Many cases allege harrying, pertaining to the enquiries made by the Directorate General, be it under Prevention of Money...

SC Paves Way For Release Of P Chidambaram After 105 Days In Jail As He Gets Bail In INX Media [ED] Case [Updated With Judgment]

The Supreme Court on Wednesday granted bail to former Union Minister and Senior Advocate P Chidambaram in the case registered by Enforcement Directorate in INX Media scam.He has spent 105 days in custody since his arrest by CBI on August 21.The SC bench of Justices R Banumathi, A S Bopanna and Hrishikesh Roya observed that Chidambaram satisfied the triple tests for granting bail, and...

Delhi HC Allows ED's Application Seeking Factual Corrections in Chidambaram's Bail Order; Issues Clarifications

The Delhi High Court on Tuesday allowed the application filed by Enforcement Directorate (ED) to correct "inadvertent factual errors" and "accidental slips" in the order denying bail to P Chidambaram in the INX Media case and issued clarifications.Appearing on behalf of ED, Advocate Amit Mahajan requested that the Court to clarify that observations made in paragraphs 35, 36, 39 and 40 were...

SC Dismisses ED Appeal Against Delhi HC Order Granting Bail To D K Shivakumar

In a relief to Congress leader D K Shivakumar, the Supreme Court on Friday dismissed the petition filed by Enforcement Directorate against the Delhi High Court's order granting bail to him in an alleged money laundering case.The bench comprising Justices R F Nariman and Ravindra Bhat turned down Solicitor General Tushar Mehta's pleas to admit the petition.The Court noted that the ED...