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.
Delhi High Court IFS Cadre Allocation Ruling
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
Ministry of Coal Signs Agreements with DVC
Ministry of Coal Signs Agreements with DVC for 3 Commercial Coal Blocks to Boost Energy Security and Jobs
STC  State Trading Corporation of India Ltd
STC India Holds 69th AGM, Appoints Nitin Kumar Yadav as CMD and Approves FY 2024-25 Financial Statements
VEDA Aeronautics and RailTel MoU
RailTel Appoints Madhulika Pathak as Principal Executive Director (Finance) to Strengthen Senior Leadership
nhpc
NHPC Signs MoU with NBCC for Construction of Modern Residential Blocks at Jammu Regional Office
ntpcc
NTPC Green Energy and GAIL India Partner in 50:50 JV to Boost Renewable Energy Projects Nationwide
AI Impact Conference 2026
Madhya Pradesh Launches AI-Driven Governance and SpaceTech Policy at Regional AI Impact Conference 2026
cm hemant
Jharkhand Marks 25 Years with Strategic Participation at WEF Davos to Boost Investment and Sustainable Growth
Haryana gov resized
No Acting Chief Secretary: Haryana Governance Hit Ahead of Budget Session
ADVERTISEMENT
ADVERTISEMENT
Videos
Col M Shashidhar
 Lessons From Operation Sindoor & Operation Absolute Resolve 
Dr
Why an MBBS Doctor Chose IAS and Cleared UPSC in Her First Attempt | Dr. Akshita Gupta Video Interview
Rohit Nandan IAS Travel Air
How To Bring Air Travel Industry Back on Track? | Insights from Former Civil Aviation Joint Secy Rohit Nandan
ADVERTISEMENT
UPSC Stories
Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Lost Father at 17, Worked Full-Time: Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Yashwant Kumar Dewangan, a BSP diploma engineer from Korba, overcame personal and professional challenges...
Aditi Chhaparia IFS UPSC
What UPSC Aspirants Can Learn from IFS Officer Aditi Chhaparia’s Measured Approach
What UPSC aspirants can learn from IFS officer Aditi Chhaparia (AIR 97)—her preparation strategy, mindset,...
Dev Tomar IRMS
His Grandfather Was a Rebel Dacoit, but Dev Tomar’s Father Chose Education—and That Changed Everything
Dev Tomar, from a rebel dacoit grandfather to an IRMS officer, cleared UPSC 2024 (AIR 629) after five...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Ministry of Coal Signs Agreements with DVC
Ministry of Coal Signs Agreements with DVC for 3 Commercial Coal Blocks to Boost Energy Security and Jobs
STC  State Trading Corporation of India Ltd
STC India Holds 69th AGM, Appoints Nitin Kumar Yadav as CMD and Approves FY 2024-25 Financial Statements
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Col M Shashidhar
Dr
Rohit Nandan IAS Travel Air
ADVERTISEMENT
ADVERTISEMENT