Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Supreme Court Allows De Novo Investigation in Money Laundering Case, Sets Aside High Court's Order

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India has permitted de novo investigation in a high-profile money laundering case, overturning the order of the High Court. The apex court's decision comes as a major development in the ongoing legal battle surrounding the case.

The case pertains to allegations of money laundering involving scheduled offenses, including corruption charges against public servants. The Enforcement Directorate (ED) registered an Information Report in July 2021, prompting subsequent legal proceedings.

The central question before the Supreme Court was whether the ED could initiate an investigation and issue summons without identifying the proceeds of crime or a property representing the proceeds of crime. The court, in its judgment, stated that the mere registration of a First Information Report (FIR) for a predicate offense, along with the generation of proceeds of crime, is sufficient to trigger money laundering charges.

Addressing the argument that the ED should first identify specific properties representing the proceeds of crime before registering an Information Report, the court held that such a requirement would be placing the cart before the horse. It emphasized that the process or activity connected with proceeds of crime, including acquisition and use, is enough to constitute the offense of money laundering.

Furthermore, the court rejected the plea to tag the appeals along with a pending review petition, clarifying that the notice issued in the review petition does not diminish the precedential value of its earlier decision. The accused parties were only entitled to challenge the appeals filed by the ED, and not the orders of the High Court.

The judgment also addressed the issue of accessing records of the Special Court trying the predicate offenses. The court upheld the High Court's order allowing the ED to inspect the records under specific provisions, emphasizing that it did not violate the rules governing the granting of certified copies.

Additionally, the Supreme Court dismissed an appeal challenging the extension of time for further investigation, stating that the direction for further investigation remained valid despite the rejection of the time extension request.

Contempt petitions filed against police officials involved in the investigation were also dismissed by the court, citing the complex nature of the case and shared responsibility among multiple parties. However, the court warned that any future disobedience of its orders could lead to renewed contempt proceedings.

Finally, the court dismissed an application seeking the constitution of a Special Investigation Team and the appointment of a Special Public Prosecutor, granting liberty to the applicant to file a substantial petition in the future if foul play is suspected.

With this ruling, the Supreme Court has paved the way for the Enforcement Directorate to continue its investigation and further proceedings in the money laundering case, marking a significant development in the pursuit of justice.

D.D-16.May.2023

Y. BALAJI    VS KARTHIK DESARI & ANR. ETC.

 

Latest Legal News