10 Important White-Collar Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 3
Enforcement Directorate
Being accompanied by ED officials amounts to illegal restraint if accused is formally arrested the next day: Punjab and Haryana High Court
On submission that the accused were ‘coaxed’ to accompany ED officials, Punjab and Haryana High Court concluded that the act was not in pursuance of purported summons issued but an unlawful restraint.
Delhi High Court quashes proceedings under S. 56 FERA for violation of principles of natural justice
It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.
[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused
While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC
“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate
“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.
Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
Calcutta High Court dismisses plea for no coercive measures for non-compliance of summon issued by Enforcement Directorate
Calcutta High Court held that “no case is made out to seek the exceptional relief of ‘not to take coercive action'.”
Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case
Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.
Supreme Court dismisses V Senthil Balaji’s plea seeking release in Cash for Job Scam case; Grants 5-days custody to ED
The present case is related to the cash-for-jobs scam, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
Another 46 days in service for ED Chief SK Mishra as Supreme Court allows extension till 15 Sept
Supreme Court further made it clear that no further extension of tenure would be granted for SK Mishra.
‘Extending tenure of ED Director SK Mishra illegal’; Supreme Court upholds amendments to CVC Act, DSPE Act
Supreme Court allowed SK Mishra to continue his services as ED Director till 31-07-2023.
Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice Nisha Banu’s opinion
This report provides Justice Nisha Banu’s opinion in the Habeas Corpus plea.
Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy’s opinion
This report provides Justice D. Bharatha Chakravarthy opinion in the Habeas Corpus plea.
Chief Justice of Madras High Court assigns Senthil Balaji habeas corpus plea to Justice CV Karthikeyan to break the split verdict tie
The division bench of Madras High Court delivered a split verdict and referred the matter to the Chief Justice to place it before another judge.
Madras HC delivers split verdict in Habeas Corpus plea filed by TN Minister Senthil Balaji’s wife against his arrest by ED
The habeas Corpus petition was filed in relation to the cash-for-jobs scam case, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
Madras High Court denies interim bail to Tamil Nadu Minister Senthil Balaji; Allows him shifting to Hospital for bypass surgery
The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.
[Cash for job scam] Wife of Tamil Nadu Minister Senthil Balaji filed Habeas Corpus petition before Madras High Court
Following the arrest, Senthil Balaji complained of chest pain and was taken to Government hospital for a medical checkup.
Delhi High Court refuses interim bail to Manish Sisodia; Allowed to meet wife for a day; No media interaction, No phone or internet
The petitioner was seeking interim bail for a period of six weeks in a case registered for the offences punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 on the ground of illness of his wife Mrs. Seema Sisodia.