Money Laundering and its prevention: India
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Supreme Court’s rulings
2022: SC upholds the validity of the Act
AmitAnand Choudhary, July 30, 2022: The Times of India
New Delhi: The Supreme Court upheld the validity of the stringent Prevention of Money Laundering Act (PMLA) and the vast powers enjoyed by the Enforcement Directorate (ED). It gave the agency the go-ahead to arrest people and conduct search and seizure even when no complaint has been filed, making statements given before it admissible in court and also putting the burden on the accused to prove their innocence.
“Money laundering cannot be said to be less heinous than the offence of terrorism,” the court said.
In a 545-page verdict penned by Justice AM Khanwilkar, the SC examined thread- bare all the controversial provisions of PMLA that were challenged by petitioners, and found all of those to be valid.
Can grant bail in PMLA cases if trial delayed: SC. 2024
AmitAnand Choudhary, March 21, 2024: The Times of India
New Delhi: Observing that stringent bail provisions under Prevention of Money Laundering Act cannot take away the power of courts to protect right to life and liberty of the accused, Supreme Court said bail can be granted on the ground of delay in trial in cases relating to money laundering as a person cannot be kept in jail indefinitely.
While hearing the bail plea of a person who has been in custody for 18 months in an illegal sand mining case in Jharkhand, a bench of Justices Sanjiv Khanna and Dipankar Datta said Section 45 of PMLA, which says that no person shall be granted bail without hearing the public prosecutor and if there are reasonable grounds for believing that he is guilty of such offence, “could not take away the power of courts to grant bail in case of delay in trial”.
“It is related to Article 12 of the Constitution. I have al- ready held this in the Manish Sisodia case that if there is undue incarceration, then court can grant bail and Section 45 (of PMLA) does not come in the way,” Justice Khanna observed. The court, however, allowed govt time to respond to the questions raised before deciding the matter.
YEAR-WISE DEVELOPMENTS
2021: 122 sitting, ex-legislators facing laundering cases
Dhananjay Mahapatra, August 10, 2021: The Times of India
From: Dhananjay Mahapatra, August 10, 2021: The Times of India
The Enforcement Directorate has filed in the Supreme Court a list of 122 sitting and former MPs and MLAs facing money laundering cases for years with highprofile names from across the political spectrum, including several opposition figures, though the list also includes prominent names from BJP.
The list starts with A Raja and K Kanimozhi, who faced the PMLA cases because of the CBI chargesheet in the 2G spectrum scam in 2010. Both have been acquitted and the CBI appeal is pending in the Delhi HC. Following them are the father-son duo of P Chidambaram and Karti, who, according to ED's report in the SC, are facing two cases each — first lodged in 2012 with regard to the Aircel-Maxis deal irregularities, and the second in 2017 regarding clearance to FDI in media.
Ex-CMs named are BJP’s B S Yediyurappa, Congress’s B S Hooda, Virbhadra Singh (since deceased), O Ibobi Singh, JDS's Gegong Apang, Congress’s Nabam Tuki, INLD’s O P Chautala (trial completed), NCP’s Churchill Alemao and Congress’s Digambar Kamat & Ashok Chavan.
See also
Demonetisation of high value currency- 2016: India
Money Laundering and its prevention: India
