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The Madras HC upheld writ courts' review jurisdiction under Article 226 via HC Writ Rules, ruling that a proposed accused has no pre-FIR hearing right. It also held the State may withdraw a legally untenable review without breaching rule of law, bolstering prosecutorial discretion in PMLA and corruption matters.
A homebuyers' association is not a 'claimant' under PMLA Sec 8(8), the Delhi HC held, and cannot seek restitution before charges are framed, limiting restitution to persons directly aggrieved by money-laundering offences.
The Delhi High Court struck down an Appellate Tribunal interim order that sought to channel frozen proceeds of crime to settle liabilities of another company, holding such diversion beyond the scope of Section 42 of the PMLA. This bars authorities from using seized assets to satisfy third-party debts, affecting enforcement actions against money-laundering suspects.
The Madras High Court ruled that a Directorate of Enforcement committal petition under Section 44(1)(c) of the PMLA is invalid if filed before the Special Court has taken cognizance and the requisite sanction is produced. This bars premature transfers of DA cases to Special Courts, affecting enforcement agencies and the accused.
Karnataka High Court rules that pending PMLA cases do not automatically disqualify a prisoner from parole, particularly in medical emergencies. The court emphasized judicial discretion to prioritize humanitarian grounds over rigid parole rules, setting a precedent for balancing legal proceedings with prisoner rights.
Gauhati High Court rules that provisional attachment orders under PMLA Section 5 must explicitly disclose the 'reason to believe' to comply with natural justice. The court also clarifies that properties representing proceeds of crime can be attached even if acquired before the scheduled offence, reinforcing ED's attachment powers.
Allahabad HC rules banks cannot freeze accounts based on suspicion alone without following PMLA procedures. The judgment reaffirms that arbitrary freezing breaches constitutional rights to livelihood and natural justice, impacting businesses and individuals reliant on banking access.