#EnforcementDirectorate

[hcnnews-blog]

शिल्पा शेट्टी के पति राज कुंद्रा की संपत्ति ED ने किया जब्त, जाने एक्ट्रेस की कुल कमाई

[zhhnmqd3k5]

The Delhi High Court has extended the remand of Chief Minister Arvind Kejriwal with the Enforcement Directorate (ED) until April first. During the hearing in court, both the ED and Kejriwal presented their arguments, where the ED stated that statements of Arvind Kejriwal have been recorded, but there's a need to confront him with a certain individual. Additionally, there is a requirement to examine the seized digital data. Chief Minister Kejriwal is not cooperating with the ED during questioning. On the other hand, Kejriwal stated that this case has been ongoing for two years, he has been arrested, yet there is no evidence against him. In my presence, Manish Sisodia has submitted documents related to the excise policy; many legislators visit my residence. Is there any basis for arresting a sitting Chief Minister? The accused give their statements, but they are repeatedly summoned, then they give statements against me, and then they are granted bail. After the hearing, the Delhi High Court extended Chief Minister Arvind Kejriwal's remand with the ED until April first. Now, until April first, the Chief Minister of Delhi will remain in ED custody. The investigative agency had requested a seven-day remand from the Delhi court. In addition, a public interest litigation was filed in the Delhi High Court demanding the removal of Delhi's Chief Minister Arvind Kejriwal from office, which the Delhi High Court dismissed. The bench chaired by Acting Chief Justice Manmohan said that the court understands that there may be some practical difficulties. Why should any order be passed? We are not supposed to give guidance to the President or the Lieutenant Governor. The executive branch implements the President's rule, and it is not the court's job to guide them.

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[sirjitendrayadav]

[seemabhatnagar]

The Summon That Never Was: A Tale of Legal Error and Judicial Correction

Souvik Bhattacharya v. Enforcement Directorate Kolkata Zone Office -II

SLP 14476/2023

Before Supreme Court of India

The present Criminal Appeal was heard by the Bench of Hon’ble Madam Justice Bela M Trivedi J & Hon’ble Mr Justice Pankaj Mithal J

Order

The criminal appeal was allowed on 16.02.2024 with the direction of release of the appellant petitioner on bail on the terms and conditions as may be imposed by the Special Court.

Fact

The Special (CBI) Court had not passed any order summoning the (alleged accused) present appellant Souvik Bhattacharya out of 14 accused persons.

Cognizance of the offences under the (PMLA)Prevention of Money Laundering Act, 2002 was taken on 07.12.2022. Summons was issued to the appellant without any order to this effect.

The appellant thereafter voluntarily surrendered before the CBI Court and applied for bail.

Bail moved u/s 437was rejected by the Special Court on 22.02.2023.

The rejection of bail application was challenged before High Court and High Court also rejected the bail on 18.10.2023.

Aggrieved by the rejection of Bail by the High Court Appellant, Criminal Appeal is filed before the Supreme Court.

Submission of the Counsel for the Petitioner

The Special CBI Court took cognizance of the offence on 07.12.2022. At the time of taking of cognizance CBI Court observed that since 3 accused are already in judicial custody, process will not be issued against them with regard to rest (11 accused) summons will be issued at later stage.

Summon was later issued and served upon the present appellant.

Respecting the summons the appellant voluntarily surrendered before the Special CBI Court and since then, he is in judicial custody.

In the absence of any order summoning the appellant, the appellant could not have been taken into custody, even if the cognizance of the offence was taken against him.

Submission of the Counsel for the Enforcement Directorate

The issue of taking the appellant in custody without any order of summons was not raised by the appellant before the High Court.

However, he admitted that there was no order passed by the Special CBI Court issuing summons or warrant against the appellant, and that appellant had voluntarily appeared and surrendered before the Special Court.

It was also submitted that even without issuance of summons or warrant from the Court, accused can appear and surrender before the Court and seek his release on bail under section 437 of Cr PC.

Since the accused had surrendered before the Special CBI Court and applied for bail, his bail application was considered under section 437 and was rejected by the CBI Court and the same order was confirmed by the High Court as well.

Observation of the Apex Court

The Counsel for the Enforcement Directorate didn’t dispute the position that after the passing of the order on 07.12.2022 for further investigation by the CBI Court, there was no order passed by the Special CBI Court for issuance of the summons or warrant against the present appellant.

Still the summons was issued and served upon the appellant, pursuant to which he surrendered himself before the Court.

We fail to understand as to how summons under section 61Cr P C came to be issued on 22.12.2022 requiring the appellant to appear before the Special Court on 07.01.2023.

When the Special Court had specifically mentioned in the above order that in respect of the other eleven accused necessary order for issuance of summons will be issued at a later stage.

Since summons were served, the appellant appeared before the Special Court and applied for his release on bail.

Since there was no order passed by the Special Court for issuance of the summons or warrant, in our opinion, the application of the appellant seeking bail could not have been entertained.

The appellant-accused filed the bail application before the Special Court under the misconception of fact and misconception of law, which application came to be dismissed by the Special Court.

Though the issue was not specifically raised by the appellant before the High Court, the said question being the question of law, we have permitted the counsel for the appellant to be raised in the instant appeal

In view of the same the appellant accused is directed to be released on bail on the terms and conditions that may be imposed by the Special Court.

Seema Bhatnagar

[newslime]

Arvind Kejriwal’s Standoff with Enforcement Directorate: A Legal Tussle Unfolds

Arvind Kejriwal, the Chief Minister of Delhi, remains embroiled in a legal dispute with the Enforcement Directorate (ED) over his non-compliance with summons pertaining to the excise policy case. Despite the ED’s sixth summons, Kejriwal stood firm, reiterating his stance on their legality and dismissing them as politically motivated.

The Aam Aadmi Party (AAP) issued a statement asserting that the matter has now entered the judicial domain, urging the ED to respect the legal process and refrain from incessant summonses. According to the party, the ED’s recourse to the courts underscores the need for a judicial determination in this contentious matter.

The recent summons, dated February 14, marked the sixth attempt by the probe agency to summon Kejriwal for questioning. However, the Delhi Chief Minister remained steadfast in his refusal, citing the ongoing legal proceedings and alleging that the summonses were issued arbitrarily.

In response to the persistent summons, a Delhi court granted Kejriwal permission to physically appear on March 16, considering his prior engagements in the legislative assembly, including a debate on a trust motion. The court’s decision reflects a balance between legal obligations and the Chief Minister’s constitutional duties.

The legal saga intensified on February 7 when the ED filed a complaint against Kejriwal for non-compliance with previous summonses related to the liquor policy case. The complaint invoked relevant sections of the Indian Penal Code and the Prevention of Money Laundering Act, signaling the gravity of the allegations.

Kejriwal, on his part, has vehemently opposed the ED’s actions, branding them as politically motivated maneuvers aimed at thwarting his participation in the upcoming 2024 Lok Sabha elections. The Bharatiya Janata Party (BJP) has countered these claims, accusing Kejriwal of exploiting the Budget session of the Delhi assembly to evade investigation into the liquor scam.

As the legal standoff ensues, the dispute underscores broader tensions between political actors and investigative agencies, raising questions about the autonomy of law enforcement and the accountability of elected officials.

In the days ahead, all eyes will be on the courts as they adjudicate this high-profile clash between state power and legal authority, with implications for the future trajectory of Indian politics.

[newswatchindia]

ED summons case: Arvind Kejriwal appeared in Delhi court through video conference

ED summons case: When Arvind Kejriwal came to power, the people of Delhi had high expectations from him. The manner in which he entered power was an example in itself which was being said to be a direct attack on the corruption committed by the previous governments.

[flash-fresh]

Jailed Tamil Nadu Minister Senthil Balaji Resigns Ahead of Bail Hearing

In a significant turn of events, Tamil Nadu Minister V Senthil Balaji has tendered his resignation from the state cabinet. This move comes just days before the Madras High Court is scheduled to review his bail plea amid ongoing legal battles.

Senthil Balaji’s resignation, announced on Monday, marks a pivotal moment in a saga that began eight months ago with his arrest by the Enforcement Directorate (ED) in connection with a money laundering case linked to an alleged cash-for-jobs scam.

The Raj Bhavan confirmed the acceptance and approval of Senthil Balaji’s resignation by Tamil Nadu Governor RN Ravi in a statement issued on Tuesday, signaling the end of his tenure as a minister in the state cabinet.

The timing of Balaji’s resignation aligns with the imminent review of his bail plea, adding layers of intrigue to an already complex legal and political landscape. His prolonged incarceration, spanning over 230 days, has raised questions about his continued role as a minister while facing serious legal charges.

During previous court proceedings, the Madras High Court had expressed concerns over Balaji’s tenure as a minister despite his prolonged detention, remarking that such a scenario did not reflect well on the state’s governance.

The legal troubles plaguing Senthil Balaji trace back to his tenure as Transport Minister from 2011 to 2015 under the government of the late Chief Minister Jayalalithaa. Allegations surfaced suggesting his involvement in a scheme offering jobs in exchange for monetary gains.

The case against Balaji has seen extensive judicial scrutiny, with the Supreme Court intervening after his petition challenging the arrest. The apex court’s intervention followed the Madras High Court’s decision to uphold the arrest and grant police custody to the ED, which is probing the money laundering aspects of the job scam.

Balaji’s arrest in June last year initially led to his dismissal from the cabinet by Governor RN Ravi, a decision later placed “in abeyance.” However, recent developments prompted the embattled minister to resign, reflecting a shift in political dynamics as Chief Minister MK Stalin and the ruling DMK party confront mounting pressure.

As the legal saga unfolds, Senthil Balaji’s resignation marks a significant chapter in Tamil Nadu’s political landscape, underscoring the intricate interplay between law, governance, and public accountability.

[preponias]

Enforcement Directorate (ED)

[iirisconsulting]

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[hcnnews-blog]

दिल्ली में लगेगा राष्ट्रपति शासन! AAP ने LG और केंद्र पर क्या कहा?

[zhhnmqd3k5]

On Friday, the court sent Chief Minister Arvind Kejriwal to the custody of the Enforcement Directorate (ED) until March 28 in a money laundering case related to the liquor policy scam. In protest against Kejriwal's arrest, leaders and activists of the Aam Aadmi Party took to the streets.

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[hydnews24]

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[eedinanews]

ಅಕ್ರಮ ಹಣ ವರ್ಗಾವಣೆ | ಎಎಪಿ ನಾಯಕ ಸತ್ಯೇಂದ್ರ ಜೈನ್‌ಗೆ ಜಾಮೀನು ತಿರಸ್ಕೃತ

[apnnewshindi]

दिल्ली के स्वास्थ्य मंत्री सत्येंद्र जैन को मनी लॉन्ड्रिंग के आरोप में ईडी ने 30 मई को गिरफ्तार किया था। 13 जून को अदालत ने 14 दिन की न्यायिक हिरासत में उन्हें तिहाड़ जेल भेज दिया था।

#moneylaundering #MoneyLaunderingCase #SatyendraJain #EnforcementDirectorate #APNNewsUpdates #APNNews #APNNews #APNHindi