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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, SUNDER MOHAN
K.Govindaraj – Appellant
Versus
Union of India, Represented by Secretary – Respondent
| Table of Content |
|---|
| 1. overview of petitioners’ challenges (Para 1 , 2) |
| 2. arguments regarding jurisdiction & legal standards (Para 3 , 4 , 5) |
| 3. procedural issues in investigation and attachment (Para 6 , 7 , 10) |
| 4. court's analysis of evidence and legal interpretation (Para 8 , 9) |
| 5. clarification on legal standards for attachment and prosecution (Para 12 , 16 , 19) |
| 6. assessing jurisdictional authority to initiate actions under the pmla. (Para 13 , 14 , 15) |
| 7. clarifying the necessity for jurisdictional prerequisites for effective action under the pmla. (Para 20 , 21) |
| 8. conclusions on lack of jurisdiction and quashing of actions (Para 22 , 23 , 24 , 28 , 29) |
| 9. final order and conclusion of the judgment (Para 30) |
ORDER :
1. The above Writ Petitions challenge the various actions initiated by the respondents herein against the petitioners.
(i) Twenty-four out of the captioned Writ Petitions challenge the ECIR bearing reference No. ECIR/CEZO-II/22/2023 dated 11.09.2023.
(ii) Thirteen Writ Petitions challenge the Provisional Attachment Order in No.1/2024 dated 31.01.2024, passed in respect of the properties of the petitioners.
(iii) Eleven Writ Petitions challenge the proceedings in the Original Ap
The Enforcement Directorate lacks jurisdiction under the Prevention of Money Laundering Act without a registered FIR indicating proceeds of crime directly related to the accused.
Scheduled offence – Attachment of property would result in serious consequences for concerned persons and cannot be based on assumptions made by respondents – Unless information with regard to any ca....
Money Laundering – Power to arrest under Section 19 (1) of PMLA is not for the purpose of investigation – Arrest can and should wait and power in terms of Section 19(1) of PMLA can be exercised only ....
Prosecution under the Prevention of Money Laundering Act, 2002 is not sustainable without a registered scheduled offence, as established by the Supreme Court in Vijay Madanlal Choudhary.
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
A writ petition challenging a summons issued under the Prevention of Money-Laundering Act is premature and not maintainable, as such inquiry does not require a prior formal criminal report, and tax s....
Provisional Attachment Orders must have justified legal grounding, requiring explicit evidence of connections to alleged criminal activity, and prior judicial conclusions limit enforcement authority ....
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