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Gauhati High Court referred ED provisional attachment reason to believe disclosure issue to larger bench
India Legal Live··29 Jun
India Legal Live reported June 29 Justice Manish Choudhury disagreed with view that Section 5(1) PMLA satisfaction note need not be shared with noticee. Referral seeks authoritative ruling on audi alteram partem and Article 14 in money laundering attachments.
Prism
What It Means For You
- ED attachment orders may need clearer reasoning.
- Courts are balancing enforcement and due process.
- Larger bench will settle disclosure rules.
What's Happening
- Gauhati HC referred PMLA issue to larger bench.
- Disclosure of ED's satisfaction is disputed.
- Two legal questions were framed.
Legal Context
- Case challenges provisional attachment.
- Coordinate benches had divergent views.
- Natural justice principles are central.
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