Page 72 - Enforcement Directorate

TN Minister Senthil Balaji's ED arrest, judicial custody legal: Madras HC

The Madras High Court on Friday held legal the Enforcement Directorate's arrest of Tamil Nadu Minister V Senthil Balaji and subsequent judicial custody granted by a lower court. Justice C V Karthikeyan, the third judge to hear the matter, following a Division Bench's split verdict on a plea related to the Minister's arrest, held legal the arrest and custody. A Division Bench comprising Justices Nisha Banu and D Bharatha Chakravarthy had pronounced a split verdict on the Habeas Corpus petition filed by Megala, wife of Senthil Balaji. Justice Nisha Banu had held that the ED had no power to seek custody and said the HCP was maintainable. Justice Bharatha Chakravarthy, however, differed. The ED arrested Senthil Balaji last month in the cash-for-jobs scam and he continues to be a Minister without portfolio.

Accountable by extension: Meet Sanjay Kumar Mishra, Director, ED

To this, opposition leader Kapil Sibal had just one question: If who the ED Director is is not important, then why did the government give him a third extension?

Kapil Sibal attacks Amit Shah on 'who is ED director not important' remark

Rajya Sabha MP Kapil Sibal on Wednesday took a swipe at Home Minister Amit Shah over his remarks that it is not important who the director of the Enforcement Directorate is, asking why did the government then give a third extension to the probe agency's chief Sanjay Kumar Mishra. Sibal's remarks came a day after the Supreme Court held as "illegal" two successive extensions of one year each granted to Enforcement Directorate chief Mishra, ruling that the Centre's orders were in "breach" of its mandamus in its 2021 verdict that the IRS officer should not be given further term. After the Supreme Court ruling, Shah said who the ED director is not important because whoever assumes this role will take note of the rampant corruption of a cozy club of entitled dynasts who have an anti-development mindset. In a tweet, Sibal said, "Sanjay Mishra (ED) Chief. Supreme Court held extension till November invalid. Amit Shah: 'ED is an institution which rises beyond any one individual...' Then why d

Centre allays concerns of opposition-ruled states over ED-GSTN info sharing

Revenue Secretary Sanjay Malhotra on Tuesday allayed concerns of several opposition ruled states on the changes made in the money laundering law stating that the amendments were required to meet the obligations of the Financial Action Task Force (FATF). The FATF is an inter-governmental body which sets standards and develops and promotes policies to combat money laundering and terrorist financing. India became its member in 2010. Responding to the concerns raised by opposition ruled states like Delhi and Punjab at the GST Council meeting, Malhotra said it was clarified that the changes will empower tax authorities with more information and "I think all of them (state ministers) were quite satisfied with the explanation". The finance ministry, through a notification, brought in an amendment to the provisions of Prevention of Money Laundering Act (PMLA), 2002, as per which GSTN, which handles the technology backbone of Goods and Services Tax, has been included in the list of entities

CBI, ED directors can have maximum tenure of five years, says SC

The Supreme Court Tuesday upheld the validity of two central laws and the corresponding rules that provide for a maximum tenure of five years for the directors of the CBI and Enforcement Directorate. A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol rejected the contention of the petitioners, including some leaders of the Congress and TMC, that the amendments made to the Acts will be used as "carrot and stick" by the government of the day to ensure that the chiefs of the two central probe agencies work according to its wishes. "The challenge to Central Vigilance Commission (Amendment) Act, 2021 and the Delhi Special Police Establishment (Amendment) Act, 2021 as well as to the Fundamental (Amendment) Rules, 2021 is rejected and the writ petitions are dismissed to that extent," the court ruled. Giving the reasons, the bench said the apex court in its 1997 verdict in the Vineet Narain versus Union of India case had issued a specific order that the CBI director shall have a ...

GST Council: Oppn-ruled states raise concern over ED sharing info with GSTN

Several opposition ruled states expressed concern over Centre's decision to allow enforcement directorate (ED) to share information with GST Network, with finance minister of AAP-ruled Punjab Harpal Singh Cheema on Tuesday saying it amounts to 'tax terrorism' and scaring small business. The finance ministry, through a notification, brought in an amendment to the provisions of Prevention of Money Laundering Act (PMLA), 2002, as per which GSTN, which handles the technology backbone of Goods and Services Tax, has been included in the list of entities with which ED will share information. At the 50th GST Council meeting on Tuesday, Aam-Aadmi Party ruled Delhi and Punjab voiced concerns over the notification and demanded a discussion. "A lot of finance ministers raised the issue... Delhi, Punjab, West Bengal, Tamil Nadu, Himachal Pradesh, Karnataka, Chhattisgarh, Telangana, and Rajasthan have voiced their concern and said that it should be discussed in GST Council," Delhi finance ministe

Supreme Court holds third extension of ED director SK Mishra as illegal

The Supreme Court on Tuesday held as illegal the third extension granted to the Enforcement Directorate chief Sanjay Kumar Mishra and curtailed his extended tenure to July 31. A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol said in view of the peer review being conducted by the Financial Action Task Force (FATF) this year and to enable smooth transition, Mishra's tenure will be till July 31. The 1984-batch IRS officer was otherwise to remain in office till November 18, 2023, according to the notification issued by the government. The bench, however, affirmed the amendments of the Central Vigilance Commission Act, and the Delhi Special Police Establishment Act to extend the tenure of ED director for a maximum of five years. On May 8, the top court had reserved its verdict on a batch of pleas challenging the third extension of service granted to the Enforcement Directorate chief which was defended by the Centre on grounds of the peer review being conducted by the FATF. Th

With GST being linked to ED, traders paying tax can be arrested: Kejriwal

Delhi Chief Minister Arvind Kejriwal alleged on Tuesday that with the Goods and Services Tax (GST) being linked with the Enforcement Directorate (ED), even those traders paying the tax can be arrested by the federal agency. Kejriwal hoped that people would oppose this development at the GST Council meeting on Tuesday. The government has amended the provisions of the money-laundering law to allow the ED to share information with the GST network. The move would help in the recovery of the GST evaded through money laundering. "A large proportion of traders do not pay GST -- some out of compulsion, some intentionally. A few days ago, the Centre also brought the GST within the purview of the ED. It means that now, if a businessman does not pay the GST, the ED will arrest him directly and bail will not be granted," Kejriwal alleged in a tweet in Hindi. GSTN handles the technology backbone of the indirect-tax regime and is the repository of all GST-related information, including return, t

ED files draft charges against NCP leader Malik; next hearing on July 24

The Enforcement Directorate (ED) on Monday submitted draft charges in a court here against former Maharashtra minister and NCP leader Nawab Malik in a money laundering case linked to the activities of fugitive underworld don Dawood Ibrahim and his aides. Special public prosecutor Sunil Gonsalves filed the draft charges before special judge R N Rokade. Besides Malik, who is in jail, draft charges were filed against three other accused in the case and the matter was adjourned for hearing on July 24. Draft charges are a step towards commencing trial in a criminal case. The court concerned has to hear both sides and decide which of the sections invoked by the investigating agency the accused can be charged with based on prima facie evidence. The court will then read out to the accused the charges he will face during the trial, and once he pleads not guilty, the trial can commence. Malik has sought bail from the Bombay High Court and his plea has been reserved for order. The ...

SC extends Satyendar Jain's bail till July 24 in money laundering case

The Supreme Court on Monday extended till July 24 the interim bail granted to former Delhi minister Satyendar Jain on medical grounds in a money laundering case being probed by the Enforcement Directorate. A bench of justices A S Bopanna and M M Sundresh directed senior advocate Abhishek Singhvi, appearing for Jain, to submit the medical reports to Additional Solicitor General S V Raju. During the brief hearing, Singhvi submitted that three hospitals have recommended surgery for Jain. The top court on May 26 had granted interim bail to Jain for six weeks on medical grounds, saying a citizen has a right to receive treatment of his choice in a private hospital at his own expense. The ED had arrested Jain on May 30 last year on the charge of laundering money through four companies allegedly linked to him. The agency had arrested Jain in the aftermath of a CBI FIR registered against him in 2017 under the Prevention of Corruption Act. He was granted regular bail by the trial court on

SC to hear Sisodia's bail plea in excise scam case filed by CBI, ED

The Supreme Court on Monday agreed to hear the bail pleas of Aam Aadmi Party leader Manish Sisodia on July 14 in the excise policy scam case probed by the CBI and the money laundering matter arising out of it. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha agreed to hear the matter after senior advocate Abhishek Singhvi, appearing for the former Delhi deputy chief minister, urged the court to take it up for hearing on grounds that his wife was seriously ill and hospitalised. The bench said although the matter is listed for hearing on July 17, it will take it up for hearing on July 14. Last week, Sisodia had moved the top court seeking bail in the CBI and ED cases related to the alleged Delhi excise policy scam. He has moved the apex court challenging the two orders of the Delhi High Court dismissing his bail petitions in these cases. Sisodia, who also held the excise portfolio among many that he handled as the deputy chief minister of Delhi, was first arrested by

Govt allows ED to share data with GSTN, move to help recovery of GST

The government has amended provisions of the money laundering Act to allow enforcement directorate (ED) to share information with GST Network. The move would help recovery of Goods and Services Tax (GST) evaded through money laundering. GSTN handles the technology backbone of the indirect tax regime and is the repository of all GST-related information, including return, tax filing and other compliances. As per the amendment to the provisions of Prevention of Money Laundering Act (PMLA), 2002, GSTN has been included in the list of entities with which ED will share information. AMRG & Associates Senior Partner Rajat Mohan said notifying GSTN under PMLA would enable a legal framework under which high-value tax offenders can be traced, apprehended made liable to pay due taxes. GSTN can pass on relevant information on probable tax offenders to jurisdictional officers so as to initiate proceeding under GST law for scrutiny, adjudication and recovery of taxes, Mohan added. Nangia ...

ED running fake news of attaching Rs 52 cr assets of Sisodia: Kejriwal

Delhi Chief Minister Arvind Kejriwal on Friday accused the BJP-led Centre of defaming AAP leader Manish Sisodia by running "fake news" of the Enforcement Directorate attaching assets worth Rs 52 crore belonging to the jailed leader in the Delhi excise policy case. He said the Enforcement Directorate (ED) has, in fact, attached properties worth Rs 80 lakh of Sisodia and his wife. The ED on Friday said it has attached two immovable assets of Sisodia and his wife apart from bank deposits worth Rs 11.49 lakh of the ex-deputy chief minister in the Delhi excise policy-linked money laundering case. Taking to Twitter, Kejriwal said in Hindi, "Prime Minister, when you did not find anything against Manish Sisodia, you started defaming him through ED. Your ED is running fake news on TV channels saying that Rs 52 crore worth assets of Manish Sisodia have been attached." Kejriwal, who is also the AAP national convener, clarified that in reality, Rs 80 lakh worth of assets have been attached. T

Dinesh Arora worked on behalf of AAP leaders Sisodia, Vijay Nair: ED

Businessman Dinesh Arora, a CBI witness in the Delhi excise policy case, was "one of the main conspirators" in this alleged scam and was working on behalf of AAP leaders Manish Sisodia and Vijay Nair, the Enforcement Directorate alleged before a local court on Friday. The federal agency arrested Arora late on Thursday night after prolonged questioning. It produced him before the special Prevention of Money Laundering Act (PMLA) court of Judge M K Nagpal on Friday which sent him to ED custody till July 11. "Dinesh Arora is one of the main conspirators in the entire Delhi excise policy scam who was working on behalf of (former Delhi deputy chief minister) Manish Sisodia and (AAP communication in-charge) Vijay Nair. He is a close associate of Manish Sisodia and other prominent AAP leaders. "On the directions of Manish Sisodia, Dinesh Arora connected with Vijay Nair and became part of the Delhi excise scam-related conspiracy and consequent acts of money laundering," the ED alleged while

ED attaches assets worth over Rs 52 crore of Manish Sisodia, others

The Enforcement Directorate Friday said it has attached assets worth more than Rs 52 crore of arrested AAP leader Manish Sisodia, his wife and some other accused in the Delhi excise policy-linked money laundering case. A provisional order has been issued under the Prevention of Money Laundering Act to attach among others immovable properties (worth Rs 7.29 crore) comprising two assets of Manish Sisodia and his wife Seema Sisodia, land/flat of another accused Rajesh Joshi (director of Chariot Productions Media Pvt Ltd.) and land/flat of Gautam Malhotra. The attachment also includes movable assets worth Rs 44.29 crore including bank balances of Manish Sisodia worth Rs 11.49 lakh, Brindco Sales Pvt. Ltd. (amount of Rs 16.45 crore) and others, the agency said in a statement. The total attachment value is Rs 52.24 crore, the ED said. Sisodia, a former deputy chief minister of Delhi, was arrested by the ED in this case in March and he is currently in judicial custody. It is alleged by t

ED arrests CBI's approver Dinesh Arora in excise policy laundering case

In a major arrest in the Delhi excise policy-linked money laundering case, the Enforcement Directorate on Thursday night took into its custody businessman Dinesh Arora, an accused who has been declared prosecution witness in the same case being probed by CBI. Arora was arrested under the criminal sections of the Prevention of Money Laundering Act (PMLA) after a long session of questioning. The agency is expected to produce him before a local court on Friday. Dinesh Arora has been questioned by the ED earlier too. But this time, he was evasive in his replies and was not cooperating with the agency following which he was arrested, sources said. The businessman was allegedly a close associate of Aam Aadmi Party leader and former Delhi deputy chief minister Manish Sisodia who is also an accused in the excise policy case and has been arrested by the ED as well as the CBI. The ED, in a supplementary charge sheet, has accused Sisodia of receiving bribes from Amit Arora, another businessm

Excise policy scam: Sisodia moves SC seeking bail in CBI, ED cases

Aam Aadmi Party (AAP) leader Manish Sisodia on Thursday moved the Supreme Court seeking bail in the CBI and ED cases arising out of the alleged Delhi excise policy scam. He has moved the apex court challenging the two orders of the Delhi High Court which had dismissed his separate bail petitions in these cases. Sisodia, who also held the excise portfolio among many that he handled as the deputy chief minister of Delhi, was first arrested by the CBI on February 26 for his alleged role in the "scam", and has been in custody since then. He resigned from the Delhi cabinet on February 28. The high court had on May 30 denied bail to him in the excise policy scam case being probed by the CBI, saying having been the deputy chief minister and excise minister, he is a "high-profile" person who has the potential to influence the witnesses. On July 3, the high court had declined him bail in a money laundering case linked to alleged irregularities in the city government's excise policy, holding

Chhattisgarh 'liquor scam' generated Rs 2,161 cr corruption money: ED

The Enforcement Directorate (ED) has claimed that Rs 2,161 crore of corruption money was generated in the alleged "liquor scam" that began in 2019 in Chhattisgarh with the syndicate comprising senior bureaucrats of state, politicians, their associates and officials of the Excise Department. In its prosecution complaint filed on Tuesday before a special court here in a money laundering case linked to alleged liquor scam in the state, the central agency said this Rs 2,161 crore amount should have gone to the state exchequer. It named Anwar Dhebar, brother of Congress leader and Raipur Mayor Aijaz Dhebar, Managing Director of Chhattisgarh State Marketing Corporation Limited (CSMCL) Arunpati Tripathi, liquor businessman Trilok Singh Dhillon, hotelier Nitesh Purohit and Arvind Singh as accused. The 'prosecution complaint' along with relied upon documents, in 13,000 pages, was filed in the court under provisions of the Prevention of Money Laundering Act (PMLA), said ED's counsel Saurabh .

M3M case: Salve seeks SC intervention in curbing ED's 'drastic powers'

M3M money laundering case: Representing a real estate firm, senior advocate Harish Salve said that no one will be safe in India unless the ED's drastic powers are reined in

ED arrests ex chairman of Pune cooperative bank in loan fraud case

The Enforcement Directorate on Wednesday said it has arrested the former chairman of a Pune-based cooperative bank on money laundering charges in a case linked to alleged fraud and misappropriation of funds of the lender worth Rs 429 crore. Amar Sadhuram Mulchandani, the ex-chairman of Seva Vikas Cooperative Bank, was arrested on July 1 and a special Prevention of Money Laundering Act (PMLA) court sent him to ED custody till July 7, the federal probe agency said in a statement. "The arrest is made in connection with the ongoing investigation in the Seva Vikas Cooperative Bank fraud case in which the bank suffered a loss of Rs 429 crore in 124 NPA (non performing assets) loan accounts." "This has caused the bank to go bankrupt causing loss to thousands of small depositors," the ED said. This is the fifth arrest by the agency in this case. The ED had earlier arrested a man named Sagar Suryawanshi, who took loans from the cooperative bank, two ED staffers working on contract at its ..