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Supreme Court to hear Azam Khan's plea challenging ED arrest in PMLA case this week

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Azam Khan v. Enforcement Directorate
Bench
Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Source
Verdictum
Bottom Line Up Front (BLUF)

The Supreme Court, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, noted Samajwadi Party leader Azam Khan's plea challenging his arrest by the Enforcement Directorate in a fresh money laundering case. The Court refused urgent listing but indicated the plea would likely be heard during the week. Khan was sent to 14-day judicial custody by a Ghaziabad court in the Jauhar Trust money laundering case.

Ratio Decidendi · Legal Principle Established

The Supreme Court acknowledged a plea challenging an arrest in a money laundering case and indicated it would be listed for hearing in due course, declining urgent listing.

Practice & Procedural Impact for Advocates

Advocates should note that while urgent listing may be refused, the Court may still provide an indicative timeline for hearing. Litigants facing arrest in PMLA cases can challenge the arrest before the Supreme Court.

Key Legal Takeaways

  • 1Azam Khan challenged his arrest by the ED in a new PMLA case before the Supreme Court.
  • 2The Supreme Court declined urgent listing but stated the plea would likely be heard during the week.
  • 3Khan was previously sent to 14-day judicial custody by a Ghaziabad court in connection with the Jauhar Trust money laundering case.

The Legal Issue Samajwadi Party leader Azam Khan filed a plea before the Supreme Court of India challenging his recent arrest by the Enforcement Directorate (ED) in a fresh money laundering case. This arrest followed his release on bail in another matter and his subsequent remand to 14-day judicial custody by a special Ghaziabad court in connection with the Jauhar Trust money laundering case. The ED's money laundering case stems from 58 FIRs registered by the Uttar Pradesh Police against Khan and his alleged associates.

Court's Reasoning A bench of the Supreme Court, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, took note of the submissions made by Khan's lawyer, Nizam Pasha. While the bench refused to grant an urgent listing for the plea, Chief Justice Surya Kant indicated that the matter is likely to be listed for hearing during the current week. The Court did not provide detailed reasoning for declining urgent listing, but its statement suggests that the plea will be heard in the regular course of business within a short timeframe.

What Follows The Supreme Court will likely list Azam Khan's plea challenging his arrest by the Enforcement Directorate in the money laundering case for hearing during the week. This means that the legal challenge to his arrest will be considered by the apex court, potentially impacting his judicial custody status. The Ghaziabad court's order sending Khan to 14-day judicial custody remains in effect until further orders from a higher court.

Read the Verdictum report