Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Arvind Kejriwal – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGEMENT :
SWARANA KANTA SHARMA, J.
| EXORDIUM |
| INDEX TO THE JUDGMENT FACTUAL BACKGROUND |
| SUBMISSIONS ON BEHALF OF SH. ARVIND KEJRIWAL |
| SUBMISSIONS ON BEHALF OF THE DIRECTORATE OF ENFORCEMENT |
| ISSUES IN QUESTION |
| RELEVANT LAW UNDER PMLA TO ADJUDICATE THE ISSUES IN QUESTION |
| The Power To Arrest Under PMLA |
| i. Section 19 of PMLA |
| ii. Ingredients of Section 19 of PMLA |
| iii. Judicial Precedents Qua Exercise of Power Under Section 19 of PMLA |
| JURISPRUDENCE OF REMAND UNDER CRIMINAL LAW |
| Power of Remand underSection 167 of Cr.P.C. |
| Remand in cases under PMLA |
| ANALYSIS & FINDINGS |
| I. MATERIAL AGAINST THE PETITIONER COLLECTED BY THE DIRECTORATE OF ENFORCEMENT |
| The Role of Petitioner in Formulation of Delhi Excise Policy 2021-22 |
| The Role of Petitioner in Demanding Kickbacks & Petitioner’s Meetings with the South Liquor Lobby |
| Petitioner’s Association with Co-accused Vijay Nair |
| Role of Petitioner, as National Convenor of Aam Aadmi Party, in Utilisation of Proceeds of Crime |
| Applicability of Section 70 of PMLA |
| Proceeds of Crime |
| II. ARGUMENT REGARDING STATEMENTS OF WITNESSES AND APPROVERS BEING UNRELIABLE AND UNTRUSTWORTHY |
| Significance of a Statement Recorded under Section 50 of PMLA |
| Can the Statement of an Approver be Brushed Aside at |
The court upheld the legality of the arrest and remand of the petitioner under the Prevention of Money Laundering Act, emphasizing the necessity of compliance with legal procedures and the petitioner....
(1) Delhi liquor scam – Arrest of petitioner Arvind Kejriwal, Chief Minister of State of Delhi is not illegal.(2) Law of approver is more than 100 years old – It is Court of law that evaluates credib....
(1) Legality of arrest – Power to arrest is fenced with preconditions and requirements, which must be satisfied prior to arrest of a person.(2) Legality of arrest – Delhi liquor scam – Special Court ....
The court emphasized that for bail under PMLA, satisfaction of twin conditions is mandatory, confirming the need for reasonable grounds against guilt and potential for re-offense. Balancing the sever....
The court upheld the legality of the petitioner's arrest under the PMLA, emphasizing the necessity of compliance with statutory safeguards and the scope of judicial review.
The court upheld the legality of the arrest under the Prevention of Money Laundering Act, confirming compliance with statutory requirements, including timely communication of grounds for arrest.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
