Supreme Court
'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam
The Supreme Court today (April 15) granted bail to former IAS officer Anil Tuteja in a money laundering case arising out of the alleged Chhattisgarh liquor scam, noting that the order of trial court taking cognizance of the money laundering case has been set aside.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the principles laid down in V. Senthil Balaji v. Deputy Director would apply to the present case, as Tuteja has been under incarceration for about a year and no...
PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court
While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8(3)(a) (dealing with continuation of retention) to apply. Rather, it is sufficient if a complaint alleging commission of an offense under Section 3 of the Act is pending."clause (a) will apply during the continuation of the proceedings...
PMLA Review: Supreme Court Lists Pleas Challenging Vijay Madanlal Choudhary Judgment On March 6
The Supreme Court is set to hear on March 6 the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA).It may be recalled that a bench of Justices Surya Kant, CT Ravikumar (now retired) and Ujjal Bhuyan was dealing with the matter. However, after the retirement of Justice Ravikumar, a need arose for reconstitution of the bench.The pleas were first listed on August 7, 2024, but the hearing kept...
Concept Of PMLA Not To Keep Accused Somehow In Jail : Supreme Court To ED
The Supreme Court today (February 12) while granting bail to an IAS officer accused in the Chhatisgarh liquor scam observed that provisions of PMLA cannot be misused to keep individuals in jail. The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam. Justice Oka noted that the accused was arrested on August 8, 2024, and since then remained in custody despite the...
'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...
'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...
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...
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...
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...