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

DELHI HIGH COURT
MUKTA GUPTA, ANISH DAYAL
Harish Fabiani – Appellant
Versus
Enforcement Directorate – Respondent


Table of Content
1. constitutionality of pmla provisions challenged. (Para 1)
2. supreme court decision impacts ongoing petitions. (Para 2)
3. predicate offence quashed affects ecir validity. (Para 3 , 4)
4. arguments against sustained ecir and proceedings. (Para 5)
5. respondents contest argument on predicate offences. (Para 6 , 7)
6. supreme court affirms quashing logic. (Para 12 , 14)
7. disclosure does not establish predicate felony. (Para 23)
8. court quashes ecir and related proceedings. (Para 24)

JUDGMENT

Anish Dayal, J. These writ petitions were heard together and have sought similar prayers. For ease of reference, various reliefs sought in each of these writ petitions (and accompanying applications), presented in different permutations and combinations, could effectively be enumerated as under:

    i. Issue a Writ of Declaration or any Writ, Order or Direction of like nature declaring Section 2(1)(u), Section 50 and Explanation to Section 44 of the Prevention of Money Laundering Act, 2002 to be unconstitutional as being in violation of Articles 14, 19(1)(g), 19(6), 20(3) and 21 of the Constitution of India;

    ii. Quash and set aside the impugned ECIR no. ECIR/07/HIU/2021 and stay all pro

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