Bringing you the Best Analytical Legal News
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
The Court pointed out that there is no embargo on considering the plea of absence of sanction, after cognizance is taken by the Special Court of the offences punishable under Section 4 of the PMLA.
‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’
by Juvraj Singh Bindra* and Bhawna Lakhina**
Interviewed by Zoya Ahmad
“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
Neeraj Singal was arrested by the Enforcement Directorate on 09-06-2023 in a bank fraud and money laundering case
The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
Hemant Soren was arrested on 31-01-2024 and resigned from the post of Chief Minister of Jharkhand on the same day.
The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.
The Enforcement Officer Ankit Tiwari was accused of an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988.
The Court followed by hearing the application under Section 207 of CrPC moved on behalf of Kejriwal.
The Court took note that Soren had earlier filed a plea under Article 226 of the Constitution before the High Court but opted for withdrawal of the same to approach the Supreme Court.
Calcutta High Court noted the registration of a counter FIR before an FIR about the attacks on Enforcement Directorate officials, casting doubt on police impartiality.
In August 2023, the Supreme Court granted interim bail to Nawab Malik for two months, which was subsequently extended in October 2023 by three months.