journal

break

Analysis

After the break

The Court’s first week back saw a number of decisions including interim bail for Arvind Kejriwal, a review petition and Collegium activity

14th Jul 2024

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Analysis

SC grants interim bail to Kejriwal in ED case; refers question of legality of arrest to a larger bench

Bench said that the question of the 'need and necessity of arrest' is open even as the Delhi CM will have to stay in jail in the CBI case

12th Jul 2024

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PMLA Enforcement Directorate ED

Analysis

A narrow check on the ED’s wide powers

‘Tarsem Lal’ clarifies that the ED cannot arrest after cognisance, but experts warn against reading it as a shift from ‘Vijay Madanlal'

30th May 2024

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Analysis

Supreme Court reserves judgement in Arvind Kejriwal’s plea challenging his arrest

The ED argued that reasonable suspicion of guilt is enough to determine whether a person could be arrested under PMLA

17th May 2024

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Analysis

Sufficient material to implicate Arvind Kejriwal, Enforcement Directorate argues

The ED argued that Arvind Kejriwal bypassed procedures by directly approaching the High Court to challenge his arrest

16th May 2024

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interim bail Arvind Kejriwal

Analysis

Kejriwal’s interim bail lays the ground for a ‘public interest’ argument in personal liberty cases

The Delhi CM’s release to participate in campaigning suggests that the operation of special laws must meet constitutional parameters.

11th May 2024

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interim bail

Analysis

Granting Kejriwal interim bail sends the message that the law treats politicians differently, ED argues

The Court observed that if interim bail is granted, Kejriwal should not perform official duties as Chief Minister

7th May 2024

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Analysis

Supreme Court asks ED to demonstrate Kejriwal’s involvement in the Liquor Policy case

Relying on the timeline of events, Singhvi argued that the co-accused in the Liquor Scam case were pressured into implicating Kejriwal

1st May 2024

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Analysis

“This is a cat and mouse game”: Senior Advocate A.M. Singhvi on Arvind Kejriwal’s arrest

Singhvi argued that the arrest did not meet the criteria for arrest laid down by the Prevention of Money Laundering Act

30th Apr 2024

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Analysis

Delhi Liquor Policy | Supreme Court issues notice to ED in Kejriwal’s plea challenging his arrest

The Bench will hear Kejriwal’s plea in the last week of April; Enforcement Directorate to file response a week before that

15th Apr 2024

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investigation agencies

Analysis

On never-ending criminal investigations, the Supreme Court is its own worst enemy

Agencies often file incomplete investigation reports to stop the clock and block default bail. The top court’s mixed signals haven’t helped

2nd Apr 2024

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agencies

Analysis

“Be you ever so high”: A brief history of the Supreme Court’s call for impartial agencies

The Jain Hawala decision was meant to have freed agencies like CBI and ED from Union interference. The government keeps finding a backdoor

28th Feb 2024

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cases

Tarsem Lal v Directorate of Enforcement, Jalandhar Zonal Office

The Supreme Court held that the Enforcement Directorate cannot arrest an accused after a Special Court takes cognisance of the case

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Last Updated:

Bench:A.S. Oka J, Ujjal Bhuyan J

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Karti P. Chidambaram v Enforcement Directorate

The Supreme Court will decide if the Enforcment Directorate is obligated to provide the accused with the EDIR filed against them, and if the reversal of the presumption of innocence in money laundering cases is constitutional. The outcome of this review will have an impact on the rights of an accused person in India’s criminal jurisprudence. It will decide if an accused can be presumed guilty until proven otherwise.

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Next Hearing:

Last Updated:

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Dr. Jaya Thakur v Union of India

The Supreme Court upheld Central Vigilance Commission (Amendment) Act, 2021, and the Delhi Special Police Establishment (Amendment) Act, 2021, which allow the Union to extend the tenure of CBI and ED Directors. The Bench held that the extensions granted to Sanjay Kumar Mishra was illegal, and contrary its 2021 Judgement.

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Vijay Madanlal Choudhary v Union of India

The Supreme Court upheld the wide investigative powers of the Directorate of Enforcement and the restrictive bail conditions under the Prevention of Money Laundering Act, 2002.

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