https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Delhi HC Upholds Procedural Safeguards in PMLA, Limits Arbitrary Use of ED Powers

Delhi High Court rules PMLA balances ED powers with individual rights, stresses strict compliance with procedural safeguards.
Indian Masterminds Stories

New Delhi: The Delhi High Court has held that the Prevention of Money Laundering Act (PMLA) is designed to balance enforcement powers with individual rights. A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar delivered this observation while examining procedures for retaining seized or frozen property.

Court Emphasises Procedural Safeguards

The bench noted that before the Enforcement Directorate (ED) seeks approval from the adjudicating authority to retain property, an authorised officer must first issue a written order justifying the need. This order permits retention for up to 180 days. Without it, the adjudicating authority cannot assess whether property is linked to money laundering.

“The PMLA strikes a delicate balance between empowering agencies and protecting rights,” the judges observed. They stressed that search, seizure, freezing, and attachment processes are embedded with safeguards to prevent arbitrary action.

Judicial Oversight Essential

The Court highlighted that judicial and quasi-judicial supervision was built into the law to protect constitutional values. “The integrity of this framework rests on rigorous compliance with procedural mandates,” the bench remarked. It reiterated that when a statute prescribes a method, it must be followed strictly.

Case Background

The case stemmed from the ED’s challenge to a February 2019 order of the PMLA Appellate Tribunal. The tribunal had rejected the agency’s request to retain properties seized in connection with a case against chartered accountant Rajesh Kumar Aggarwal.

The ED alleged that businessmen Surendra Kumar Jain and Virendra Jain laundered funds during 2008–09 by channeling cash from Jagat Projects into companies they controlled, disguising it as inflated share subscriptions. According to the agency, Aggarwal acted as a co-conspirator.

The High Court affirmed that procedural safeguards must guide every stage of action under PMLA, ensuring proportionality and independent scrutiny.

Also Read: Delhi High Court Seeks Explanation on LG Order Allowing Police to Testify from Stations


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Chandrasekar-S-IAS
Who Is IAS Chandrasekar S? Newly Appointed Private Secretary to Vice-President C.P. Radhakrishnan
nsajshashajs
BMW Scandal: Deputy Secretary Navjot Singh Was Alive After Accident, Wife Alleges Delayed Treatment
Tamil Nadu Forest Dept
Madras HC Clears Coimbatore Steel Wire Fence Project as Forest Department Deploys Cameras to Study Elephants
IRS officer L
IRS Officer L Satya Srinivas Appointed ADB Executive Director; India Signs $126 Million Loan for Uttarakhand Tourism
THDC-resized
Tehri Milestone: THDC Connects Third Unit of India’s First Variable Speed Pumped Storage Project to Grid
INS-Androth
Indian Navy Inducts INS Androth, GRSE’s Second Indigenous Anti-Submarine Warfare Shallow Watercraft
IAS Vikas Sheel
Who Is Vikas Sheel? IAS Officer Tipped to Be Next Chief Secretary of Chhattisgarh, to Succeed Amitabh Jain
GSL Akhil Bharatiya Award
Goa Shipyard Wins Rajbhasha Kirti Award 2024–25 for Excellence in Official Language Implementation
ADVERTISEMENT
ADVERTISEMENT
Videos
IFS Parveen Kaswan Interview
IFS Parveen Kaswan: Frontline Defender of India’s Wildlife and Jaldapara Rhino Protector | Eco Warrior Awards 2025 Interview
Irfan Rasool Wani IFS Eco Warrior Awards 2025
Conserving Kashmir’s Green Heritage: IFS Officer Irfan Rasool Wani on Restoring Wular Lake
UP PPCF Sunil Chaudhary Interview IFS Interview
Planting a Tree in the Name of Mother Earth: Uttar Pradesh’s Green Journey with PCCF Sunil Chaudhary | Exclusive Interview | Eco Warrior Awards 2025
ADVERTISEMENT
UPSC Stories
Ishwarlal Gurjar UPSC
10th Grade Failure to Indian Police Service: Ishwarlal Gurjar’s UPSC Success Path
Read the inspiring journey of Ishwarlal Gurjar from a small village in Rajasthan to becoming an IPS officer....
IAS Minnu P M
“Lazy, Sleepy, Yet Determined”: Minnu P M’s Honest Take on Cracking UPSC
Minnu PM, once a clerk in Kerala Police, cleared UPSC with AIR 150 after five years of struggle. Her...
IPS Ashish Tiwari
From IIT and Investment Banking to Public Service, Meet IPS Ashish Tiwari 
Ashish Tiwari, IIT graduate and former investment banker, chose public service over global finance. As...
Social Media
Forest Guard Tiger Encounter
Tigers Clash in the Wild as Forest Guards Capture Rare Footage , Retired IFS Mohan Pargaien Posts Viral Video
Retired IFS officer Mohan Pargaien shares viral video of three tigers brawling in Ramnagar, as forest...
Tamil Nadu Gaur Rescue
Tiruchirappalli Forest Officials Risk Lives to Rescue Juvenile Gaur; Video Shared by IAS Officer Goes Viral
Trichy forest and fire teams risk lives to rescue a juvenile Indian gaur; IAS officer Supriya Sahu shares...
IAS Medha Roopam
IAS Medha Roopam’s Inspiring Dedication in Flood-Hit Noida Goes Viral: Focuses on Relief, Education Amid Heavy Rains
Books in One Hand, Umbrella in Other: Noida DM Medha Roopam Leads Flood Relief from the Front
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Chandrasekar-S-IAS
Who Is IAS Chandrasekar S? Newly Appointed Private Secretary to Vice-President C.P. Radhakrishnan
nsajshashajs
BMW Scandal: Deputy Secretary Navjot Singh Was Alive After Accident, Wife Alleges Delayed Treatment
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
IFS Parveen Kaswan Interview
Irfan Rasool Wani IFS Eco Warrior Awards 2025
UP PPCF Sunil Chaudhary Interview IFS Interview
ADVERTISEMENT
ADVERTISEMENT