The Delhi High Court has granted regular bail to an accused in an Enforcement Directorate money-laundering case linked to alleged terror funding, holding that nearly four years of pre-trial detention, with the trial far from conclusion and no delay attributable to him, outweighs the stringent bail bar under Section 45 of the PMLA. The twin conditions of Section 45, though mandatory, must yield to the constitutional right to a speedy trial, the Court held.
The State of Punjab has withdrawn its habeas corpus petition in the Punjab and Haryana High Court over the Enforcement Directorate’s search at the GMADA headquarters, after the search ended and the officers the State alleged were illegally confined were set free. A court-appointed Warrant Officer had reported that the officers themselves said they were not illegally detained. The Court allowed the withdrawal with liberty to raise all issues before an appropriate forum.
In an extraordinary late-night sitting conducted over WhatsApp, the Punjab and Haryana High Court appointed a warrant officer to visit the GMADA premises after the Punjab government alleged that the Enforcement Directorate had confined its top IAS officers during ongoing raids, moving a habeas corpus petition at 10 PM. Chandigarh: The Punjab and Haryana High […]
The Bombay High Court has quashed the remand and granted bail to a man arrested by the Enforcement Directorate in a money-laundering case, holding that the arrest under Section 19 of the PMLA was illegal for non-compliance with the statutory safeguards. The Court held that the power to arrest under Section 19 carries exacting conditions, and that a court can judicially review the legality of an arrest and the ‘reasons to believe’ on which it rests.
The Delhi High Court has issued notice on a writ petition contending that pension, gratuity, provident fund, leave encashment and fixed deposits created out of statutory retirement dues do not constitute ‘proceeds of crime’ under Section 2(1)(u) of the PMLA in the absence of a direct nexus with a scheduled offence, and that the Enforcement Directorate’s continued freezing of such benefits, despite favourable orders, violates Articles 14, 21 and 300A. The Court sought the ED’s response and listed the matter for December.
The Enforcement Directorate has told the Bombay High Court that the recovery of assets worth over Rs 14,000 crore for banks from Vijay Mallya does not wipe out the pending money-laundering charges against him, arguing that a PMLA prosecution operates in a field distinct from the recovery of civil dues. Mumbai: The Enforcement Directorate (ED) […]
A Delhi court framed money-laundering charges against RJD chief Lalu Prasad Yadav, former Bihar Chief Minister Rabri Devi and Leader of the Opposition Tejashwi Yadav in the IRCTC hotels scam case, holding there was a strong suspicion of abuse of office, while discharging seven others. New Delhi: A Delhi court on Thursday framed charges under […]
The Delhi High Court quashed ED money-laundering proceedings against the Aristo Group, holding a PMLA case cannot survive once the predicate offence is closed, and calling the ED’s revival attempt a colourable exercise of power. New Delhi: The Delhi High Court has quashed the Enforcement Directorate’s money-laundering proceedings against the family and management of the […]
The ED filed prosecution complaints against Anil Ambani Group firms RInfra and RCom and ex-executives in two PMLA cases, pegging proceeds of crime in the RCom case at ₹40,185 crore. New Delhi: The Enforcement Directorate (ED) has filed prosecution complaints in two separate money-laundering cases involving the Anil Ambani Group companies Reliance Infrastructure Ltd (RInfra) […]