Discover and read the best of Twitter Threads about #pmla

Most recents (24)

"Not necessary to 'launder' money in conventional sense. Enough to be in possession of proceeds of crime to attract the force of Prevention of Money Laundering Act," Solicitor-General Tushar Mehta tells #SupremeCourtofIndia.

#PMLA #ED Image
Where jurisdiction of ED has started, there cannot be a stay merely because it is a predicate offence. Only one condition imposed by SC - ED's investigation must stop if accused is acquitted in scheduled offence: Solicitor-General Tushar Mehta

#SupremeCourtofIndia #PMLA #ED
Even where person has been acquitted in predicate offence, not necessary that PMLA case will go away. If a person accused of taking a bribe has been discharged under PC Act, but we find proceeds of crime, what to do? Act provides for this. : SG

#SupremeCourtofIndia #PMLA #ED
Read 5 tweets
"#ED now intervening in predicate offences because they feel left out. There's a phrase used by young people - 'FOMO', or fear of missing out. Applicable to ED, which feels like it's missing out on all the crime," Senior Advocate Sidharth Luthra tells #SupremeCourtofIndia.

#PMLA Image
ED will often say they have jurisdiction because there has been commission of offence. NOT true. ED will get jurisdiction only when commission is accompanied by generation of proceeds of crime on that commission. : Sr Adv Sidharth Luthra

#SupremeCourtOfIndia #PMLA #ED
Only when these two conditions (commission of offence & generation of proceeds of crime) exist together, will the Enforcement Directorate get jurisdiction to act, and not otherwise. : Sr Adv Sidharth Luthra.

#SupremeCourtOfIndia #PMLA #ED
Read 5 tweets
"The sine qua non of attracting Prevention of Money Laundering Act (#PMLA) is existence of property. That is what kicks off jurisdiction of Enforcement Directorate (#ED)", Sr Adv C Aryama Sundaram says while arguing in Tamil Nadu cash-for-jobs scam case.

#SupremeCourtofIndia Image
Section 50 of PMLA does not support fishing-and-roving expedition. Enforcement Directorate cannot say, tell us what properties you have. They must have knowledge of existence of property and make enquiries as to how those were procured : Sundaram

#SupremeCourtofIndia #PMLA #ED
First stage & basic jurisdictional fact is existence of identified property. Without that, this act cannot be invoked. There may be a wrongdoer who is punished for a predicate offence, but this act cannot be invoked. : Sundaram

#SupremeCourtofIndia #PMLA #ED
Read 8 tweets
Delhi High Court to pronounce order on bail plea of Aam Aadmi Party leader Satyendar Jain in the money laundering case in which he has been in custody since May 30 last year.

#SatyendarJain #DelhiHighCourt Image
Justice Dinesh Kumar Sharma will pronounce the order at 10:30 AM.

The court will also pass orders on bail pleas of co-accused Vaibhav Jain and Ankush Jain.

#DelhiHighCourt #ED #PMLA
Update: Court will assemble at 11 AM.

#DelhiHighCourt #SatyendarJain
Read 4 tweets
#BREAKING: The Sessions Judge, Lucknow on Wednesday has ordered to release journalist Siddique Kappan on bail.

He was languishing in jail since December 21, 2021 after being charged under UAPA and later in PMLA case.

#siddiquekappan #PMLA #UAPA
Kappan, a reporter for Malayalam news portal Azhimukham, and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ), was arrested along with three others in UP, while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl.
He was then booked under the UAPA and later under the PMLA.

In the UAPA case, he was denied bail by lower courts and the Allahabad High Court, before the top court granted him relief in August 2022.

Read 4 tweets
#SupremeCourt to hear a plea by journalist Rana Ayyub against an order of a Ghaziabad court which has summoned her on January 27 in relation to a Prevention of Money Laundering Act (PMLA) case @RanaAyyub #PMLA
SC: we will be rising at 1 pm on account of some difficulty.

Adv Vrinda Grover: placing an urgent mentioning of my item..she has been summoned by a Ghaziabad court. I am seeking a stay on the coercive proceedings. @RanaAyyub
Grover: Today is the only day I can appear before this court and seek some protection milord

Justice Krishna Murari: Why not on Friday or Monday?

Grover: : appearance is bbefore the special court.

SC: We will hear it @RanaAyyub
Read 12 tweets
Special PMLA Judge M.G Deshpande came down heavily on the Enforcement Directorate in its order granting bail to Sanjay Raut and Pravin Raut in the Patra Chawl Scam
@rautsanjay61 @dir_ed #pmla
The order stated that the object of PMLA is confiscation and not illegal arrest of the and detention of the arresttee for an uncertain period.
@rautsanjay61 @dir_ed
High Level Government Official and MHADA official were involved, however none of them were made accused or arrested. Further, the conduct of the MHADA official was suspicious since 2007 but none of them arrested.
@dir_ed @rautsanjay61
Read 18 tweets
#Delhi's Special CBI Court, Rouse Avenue will shortly continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
ASG SV Raju for @dir_ed is expected to conclude making his arguments before Spl Judge Vikas Dhull today.

#PMLA #Bailhearing
On Monday, ASG Raju argued that these companies have “no intrinsic value” and that they existed only to convert Jain’s “black money” into “white money”.
Read more:…
The court has assembled.
ASG Raju for @dir_ed continues making his submissions before Special Judge Vikash Dhull opposing #satyendrajain's bail plea.
Read 28 tweets
#Delhi's Special CBI Court, Rouse Avenue will today continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
Counsel for @dir_ed will make arguments before Spl Judge Vikas Dhull today.

#AamAadmiParty #Bailplea #satyendrajain #PMLA Image
ED had earlier submitted before the court that #SatyendraJain is getting VIP treatment in Jail and also submitted CCTV footage that showed an unknown person giving a foot, and body massage to Jain inside his cell.
Read more:…
The court has assembled. ASG SV Raju appearing for ED (@dir_ed) begins making his arguments opposing #SatyendraJain's bail application.
Read 25 tweets
#Delhi's Special CBI Court, Rouse Avenue will today continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
Counsel for Jain will make his submissions before the Court today.

#AamAadmiParty #Bailplea #satyendrajain
On an Application moved by Jain's counsel yesterday for preponement of the bail hearing Spl. Judge Vikas Dhull agreed to take up the matter for hearing today.
Earlier, the court had listed the matter for Oct 31.
Read more:…
The Counsel for Satyendra Jain has made his submissions before the Court today, the matter has now been listed for November 4, 2022 at 2pm.
#SatyendraJain #bail #plea #pmla
Read 4 tweets
Special Judge Vikas Dhull of #Delhi's Special CBI Court, Rouse Avenue will today continue hearing submissions of Adv. Sushil Gupta appearing for #AnkushJain & #VaibhavJain, in @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.

#PMLA #Bail #plea
The court has assembled. Adv. Sushil Gupta begins making his submissions before Spl. Judge Vikas Dhull.

#PMLA #satyendrajain #bail #plea
Gupta mentions Lala Sher Singh Charitable trust in which certain cash transactions were made. He states that #ED has made this a "proceeds of crime". He also states that there has been "unfair investigation" by @dir_ed.
Read 25 tweets
#Delhi's Special CBI Court, Rouse Avenue will today continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
Yesterday, Adv. Sushil Gupta for Ankush Jain &Vaibhav Jain began making his arguments before Spl. Judge Vikas Dhull.
#PMLA #Bail #plea
During the Hearing, Yesterday, SPP N. K. Matta, filed an additional affidavit on behalf of #ED showing conduct of the three accused namely, #Satyendra Jain, Ankush Jain, and Vaibhav Jain the Jail.
SPP Matta alleged that 3 accused are hampering investigation &that Ankush and Vaibhav are helping Jain. He also contended that Jain is controlling everything from inside.

Read more:…
Read 35 tweets
#Delhi's Special CBI Court, Rouse Avenue will today hear @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
After @dir_ed filed a transfer petition, Jain's bail application will now be heard by Special Judge Vikas Dhull.

#PMLA #DelhiCourt #Minister
Special Judge Vikas Dhull begins hearing #AAP Minister #SatyendraJain bail plea in #moneylaundering case.
An Additional Affidavit is filed on behalf of the ED, showing the conduct of Jain and two other accused,that 3 accused in this case are hampering with the investigation. He alleges that the two accused helped Satyendra Jain, and also states that Jain is controlling everything.
Read 21 tweets

#SupremeCourt to hold an open court hearing in the review petition filed by Congress lawmaker Karti Chidambaram challenging the top court's July 27 verdict upholding the validity of the Prevention of Money Laundering Act (PMLA)

PMLA review hearing begins

CJI: Argue the review

Sr Adv Kapil Sibal: Please take a look at a chart prepared for your convenience.
Read 16 tweets
Have I understood it correctly?
On #PMLA SC has said : declaration by Parliament, ipso facto, satisfies the 'test' of compelling State interest.

Does that leave room for judicial scrutiny of a Law as all of them are passed / declared by the Parliament. Often, w/o debate.
More shocking is pulling up directive principles in support of upholding sections that are inversion of justice and due process.
Mind boggling is citation of State's obligation to prevent concentration of wealth in a few hands to justify draconian powers of arrest & detention.
SC completely missed the fact that ED's powers have actually been used by the State to concentrate wealth in a few hands - case in point - Mumbai Airport came to Adani only after ED booked GVK Group under PMLA.
That GVK owners weren't arrested can be attributed to sale to Adani
Read 5 tweets
Thread for AAP Ka News #E101 - 28th July 2022

Add your #news articles & links to the last post in this thread

#aapKaNews #aap #News #spaceshost #spaces

@phani_nath @Randhr602 @Gokul_kool @RupamCh81732018 @BhartiRajbir

#thread : post 1 / n
#thread 2/n
#AAP CM #ArvindKejriwal inaugurated 7 best-in-class #ElectricVehicles (EV) charging stations across #Delhi. These charging stations will be open to all EV owners & aimed at providing low-cost slow as well as fast charging setups…
#thread 3/n
The New Delhi Municipal Council (NDMC) will conduct skill training workshops for 25,000 people over the next six months, in collaboration with the National Skill Development Corporation…
Read 35 tweets
Subject to reading the full judgment, here's a quick explainer of the SC's pronouncement:

1. To constitute money laundering, mere possession or use of proceeds of crime w/o projecting it as untainted is an offence.
#PMLA #PMLAExplained
2. The inclusion of a wide list of predicate offences under PMLA, covering variety of crimes, from IPC to Copyright violations, is prerogative of the legislature.

#PMLA #PMLAExplained
3. Investigation into money laundering can begin even in the absence of an FIR/investigation into predicate offence. But if predicate offence proceedings result in discharge or acquittal, then money laundering proceedings must also fall

#PMLA #PMLAExplained
Read 8 tweets
PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): The question is to whether some of the amendments in 2019 could not have been enacted by way of Money Bill has not been examined in this judgment

1/n #PMLA
PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): S 3 has a wide reach, capturing every activity indirectly or directly related to money laundering, and is not related merely to the final act of laundering the money.

2/n #PMLA
PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): Expression 'and' in S. 3 has to be interpreted as 'or', thus mere possession of proceeds of crime is money laundering. Argument of petitioner that concealment is necessary is rejected

3/n #PMLA
Read 13 tweets
Supreme Court to pronounce judgment on the batch of petitions challenging the various provisions and procedures given under Prevention of Money laundering Act, 2002.

#SupremeCourt #PMLA #Judgment
Order - The question as to whether some of the amendments would not have been brought as Money Bill has not been examined and have been left for a larger bench to consider

#SupremeCourt #PMLA #Judgment
Order - Section 3 has a wider reach and deals with direct and indirect proceeds of the crime. Explanation to it is clarificatory in nature

#SupremeCourt #PMLA #Judgment
Read 8 tweets
#AnilDeshmukh alongwith his associates Sanjeev Palande, Kundan Shinde and dismissed #MumbaiPolice cop Sachin Waze produced before Special #CBI Court for extension of remand.

#CBI seeks additional 5-day custody.

Deshmukh and 3 others are presently in #CBI custody in connection to the corruption case registered after #BombayHighCourt directed enquiry.
SPP Ratan Deep Singh for #CBI: further custody is required to confront them with more witnesses. Hence we need additional 5 days of custody.

Read 27 tweets
Special #PMLA Court to shortly commence hearing on the remand of Cabinet Minister #NawabMalik in the money laundering case involving underworld don #DawoodIbrahim being investigated by #enforcementdirectorate.

@nawabmalikncp @dir_ed @OfficeofNM Image
The Minister has been brought to court. The Court is waiting for the Additional Solicitor General Anil Singh to come.

#NawabMalik #EnforcementDirectorate #DawoodIbrahim
Adv Tareq Sayed takes leave of the court to take signatures on the petition filed in High Court.
Court allows.

Malik’s habeas corpus petition filed in his name could not have his signatures as he was in ED custody.
Read 55 tweets
Supreme Court Bench of Justices Khanwilkar, D Maheshwari and CT Ravikumar will continue to hear SG Tushar Mehta in the PMLA case.

#SupremeCourt #SupremeCourtofindia #PMLA
SG Tushar Mehta argues. Refers to Supreme Court cases Gurucharan Singh vs Union Of India.

"My effort today is to show that CrPC will not apply if there is inconsistency between PMLA and CrPC"

#SupremeCourt #SupremeCourtofindia #PMLA
SG refers to Ajmer Singh v. UOI - "Army Act, Navy Act & Air Force Act embody a completely self-contained & comprehensive Code & therefore constitute a special law.."

#SupremeCourt #SupremeCourtofindia #PMLA
Read 16 tweets
#BombayHighCourt to hear plea filed by Cabinet Minister #NawabMalik against the proceedings initiated, arrest and custody by #EnforcementDirectorate and order of #PMLA Court shortly.

@dir_ed @nawabmalikncp @OfficeofNM
Bench of Justices SB Shukre and NJ Jamadar will hear the petition.

Read details:
ASG Anil Singh seeks time to file reply to the petition.

Court: Reply is required in the matter.
Read 35 tweets
Supreme Court continues to hear the PMLA petitions.
Bench of Justices Khanwilkar, D Maheshwari and CT Ravikumar hears SG Tushar Mehta

#SupremeCourt #SupremeCourtofIndia #PMLA
SG Tushar Mehta argues on the importance of knowledge of the proceeds of crime for it to be a offence under PMLA.

Mere possession is not an offence. Knowledge is important too.

#SupremeCourt #SupremeCourtofIndia #PMLA
India's evaluation under FATF is scheduled for next year

#SupremeCourt #SupremeCourtofIndia #PMLA
Read 70 tweets

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