SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Del) 2445

SURESH KUMAR KAIT
P. Chidambaram – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kapil Sibal, Dr. Abhishek Manu Singhvi, Mr. Hari Haran, Mr. Dayan Krishnan, Sr. Advs. with Mr. Arshdeep Singh Khurana, Mr. Amit Bhandari, Mr. Hitesh Rai, Mr. Akshat Gupta, Mr. Ayush Agarwal & Mr. Sanjeevi Sheshadari, Advs.
For the Respondent: Mr. Tushar Mehta, Solicitor General with Mrs. Sonia Mathur, Sr. Adv. with Mr. Vikramjeet Banerjee, ASG, Mr. Amit Mahajan, CGSC, Mr. Rajat Nair, SPP, Mr. Kanu Agrawal, SPP with Mr. Shantanu Sharma, Ms. Mallika Hiremath, Mr. Bhuvan Kapoor and Mr. Varun Chugh, Advs.

Judgement Key Points

What is the standard for granting bail in money laundering (PMLA) cases involving an accused with high-profile positions and alleged proceeds of crime? What is the court’s stance on whether PMLA offences are standalone and can be tried separately from predicate offences in a single proceeding? What considerations justify denying bail on grounds of gravity of offence, active role, and potential tampering with witnesses or evidence in a money laundering case?

Key Points: - (!) The court emphasizes gravity of economic offences, accused’s active and key role, and societal impact as crucial factors in bail decisions. - (!) The court treats money laundering under PMLA as a standalone/offence distinct from predicate offences, allowing separate investigation and potential separate remand/arrest. - (!) The court denies bail citing serious allegations, active role of the petitioner, risk of influencing witnesses, and the potential threat to public trust in governance.

What is the standard for granting bail in money laundering (PMLA) cases involving an accused with high-profile positions and alleged proceeds of crime?

What is the court’s stance on whether PMLA offences are standalone and can be tried separately from predicate offences in a single proceeding?

What considerations justify denying bail on grounds of gravity of offence, active role, and potential tampering with witnesses or evidence in a money laundering case?


JUDGMENT :

1. The present bail application is filed under section 439 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) on behalf of the accused/P. Chidambaram whereby seeking grant of bail in the ECIR bearing F.No. ECIR/7/HIU/2017 dated 18.05.2017 under the Prevention of Money Laundering Act, 2005 (hereinafter referred to as “PMLA”) who is presently in judicial custody.

2. The brief facts of the case are as made out in the present petition that on 15.05.2017, the Central Bureau of Investigation (hereinafter referred to as the "CBI") registered the First Information Report (hereinafter referred to as the “FIR”) bearing no. RC-2202017-E-0011 (hereinafter referred to as the "subject FIR"), under Sections 120-B read with 420 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and Section 8 and Section 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act"). The allegations in the subject FIR pertain to the grant of an FIPB approval in 2007-08, for which the subject FIR came to be registered after a period of almost 10 years based on alleged 'oral source' information. M/s INX Media, the Petiti

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top