Newsbytes
  • India
  • Business
  • World
  • Politics
  • Sports
  • Technology
  • Entertainment
  • Auto
  • Lifestyle
  • Inspirational
  • Career
  • Bengaluru
  • Delhi
  • Mumbai
  • Videos
  • Visual Stories
  • Reviews
  • Phone Reviews
  • Fitness Bands Reviews
  • Speakers Reviews
  • Find Cricket Statistics
Hindi
More
In the news
Monsoon
Raksha Bandhan
NV Ramana
Coronavirus India
Coronavirus Cases In India
75 years of Independence
Newsbytes
Hindi
Newsbytes
User Placeholder

Hi,

Logout


India
Business
World
Politics
Sports
Technology
Entertainment
Auto
Lifestyle
Inspirational
Career
Bengaluru
Delhi
Mumbai
Videos
Visual Stories
Reviews
Phone Reviews
Fitness Bands Reviews
Speakers Reviews
Find Cricket Statistics

More Links
  • Videos

Download Android App

Follow us on
  • Facebook
  • Twitter
  • Linkedin
  • Youtube
 
Home / News / India News / SC upholds ED's powers to arrest under money laundering act
India

SC upholds ED's powers to arrest under money laundering act

SC upholds ED's powers to arrest under money laundering act
Written by Priyali Dhingra
Jul 27, 2022, 03:03 pm 3 min read
SC upholds ED's powers to arrest under money laundering act
The bench upheld the ED's power of arrest, attachment, and search and seizure under PMLA.

In a big win for the Enforcement Directorate (ED), the Supreme Court upheld the agency's powers to make arrests under the money laundering act. In a crucial judgment, a 3-judge bench on Wednesday validated the most stringent provisions of the Prevention of Money Laundering Act (PMLA). The top court rejected several petitions against the powers accorded to the ED under the law.

Context
Why does this story matter?
  • The ED is the Government of India's economic-law imposing agency that looks after financial crimes.
  • It is responsible for enforcing two key acts, the PMLA, and the Foreign Exchange Management Act (FEMA).
  • However, over the last few years, ED's action on opposition leaders has been viewed as an attempt to use the law enforcement agency as a political tool.
Supreme Court
Bench upholds ED's power to arrest under PMLA

The bench, headed by Justice AM Khanwilkar, upheld the ED's power of arrest, attachment, and search and seizure under PMLA, while also confirming the "twin conditions" for bail. The court also noted that ED officials are not "police officers under CrPC," and said that "statements before ED officials count as evidence." Additionally, the bench said that the powers of the ED are "not arbitrary."

PMLA
Stringent measures of PMLA upheld

As per SC, ED officials don't need to disclose grounds of arrest when detaining an accused. The officials also don't need to prove ECIR (copy of the complaint) to the accused, as it is "not an FIR." The court upheld the twin bail conditions- courts must hear a public prosecutor against the plea and believe the accused is not guilty of offense.

Petitions
What did the petitions say?

Over 100 petitions clubbed together argued against ED officials not being obligated to follow CrPC during investigations. They stated that the procedure for starting an investigation, summoning witnesses and accused, and attaching assets violates the fundamental law of liberty. Petitioners also reflected on the difficulty to attain bail under PMLA and argued that putting the burden of proof on the accused violates fundamental rights.

Data
ED raids up since 2014

Raids by the agency are up 26 times since PM Narendra Modi's election. However, according to the Finance Ministry, only 23 have been convicted in 3010 raids in the last eight years. Some high-profile cases being investigated by ED include Nirav Modi and Mehul Choksi (for Rs. 11,000 crore PNB fraud), and Vijay Mallya (for Rs.. 7,800 SBI fraud).

Politics
ED as a tool to target Opposition

The agency has been criticized for repeatedly targeting Opposition leaders in alleged money-laundering cases. Recent examples include ED's action on West Bengal minister Partha Chatterjee, J&K leader Farooq Abdullah, and its ongoing questioning of Rahul Gandhi and Sonia Gandhi. In the recent past, the ED has also targetted Delhi minister Satyendar Jain and former Finance Minister P Chidambaram.

Share this timeline
Facebook
Whatsapp
Twitter
Linkedin
Priyali Dhingra
Priyali Dhingra
Twitter
Priyali Dhingra is a multimedia journalist based in New Delhi and a National Writer with Newsbytes. She loves to report on politics, gender, health, and education, especially through the lens of her camera. Priyali has worked as a reporter and producer with Mojo Story, The Better India, and Newsmeter. She holds a Masters' Degree in Journalism from the University of Hyderabad.
Latest
Supreme Court Of India
Narendra Modi
Sonia Gandhi
Rahul Gandhi
Farooq Abdullah
Related
Latest
La Liga 2022-23: Barcelona held to a goalless draw
La Liga 2022-23: Barcelona held to a goalless draw Sports
Vivo Y77e launched with MediaTek Dimensity 810: Check price, specifications
Vivo Y77e launched with MediaTek Dimensity 810: Check price, specifications Technology
Yamaha Fazer FZ25 Thor goes official with sporty looks
Yamaha Fazer FZ25 Thor goes official with sporty looks Auto
Premier League 2022-23: Four-star Brentford pile misery on Manchester United
Premier League 2022-23: Four-star Brentford pile misery on Manchester United Sports
Premier League 2022-23, Manchester City hammer Bournemouth 4-0: Key stats
Premier League 2022-23, Manchester City hammer Bournemouth 4-0: Key stats Sports
Supreme Court Of India
UP, Maharashtra have highest liabilities: Freebies PIL reveals in SC
UP, Maharashtra have highest liabilities: Freebies PIL reveals in SC India
Economy losing serious money: Supreme Court slams freebies
Economy losing serious money: Supreme Court slams freebies India
Prophet row: SC transfers FIRs against Nupur Sharma to Delhi
Prophet row: SC transfers FIRs against Nupur Sharma to Delhi Politics
UP: MP cleared of rape charges, year after victim's suicide
UP: MP cleared of rape charges, year after victim's suicide India
SC mulls amending abortion law to include unmarried women
SC mulls amending abortion law to include unmarried women India
More News
Narendra Modi
Looking at beloved actor-comedian Raju Srivastava's life, career
Looking at beloved actor-comedian Raju Srivastava's life, career Entertainment
India Post sells 1 crore national flags in 10 days
India Post sells 1 crore national flags in 10 days India
Meet Qamar Mohsin Shaikh, PM Modi's rakhi sister from Pakistan
Meet Qamar Mohsin Shaikh, PM Modi's rakhi sister from Pakistan India
Karnataka: Amit Shah's visit sparks speculation about new CM
Karnataka: Amit Shah's visit sparks speculation about new CM Politics
Independence Day 2022: Taj Mahal won't be illuminated with tricolor
Independence Day 2022: Taj Mahal won't be illuminated with tricolor India
More News
Sonia Gandhi
Congress chief Sonia Gandhi tests COVID-19 positive again
Congress chief Sonia Gandhi tests COVID-19 positive again Politics
Bihar: CM Nitish Kumar rings Gandhi as BJP-JD(U) rift widens
Bihar: CM Nitish Kumar rings Gandhi as BJP-JD(U) rift widens Politics
Enforcement Directorate seals National Herald office just day after raids
Enforcement Directorate seals National Herald office just day after raids Politics
'National Herald' case: ED raids 12 locations after questioning Gandhis
'National Herald' case: ED raids 12 locations after questioning Gandhis Politics
Irani case: Delhi HC orders Congress leaders to remove tweets
Irani case: Delhi HC orders Congress leaders to remove tweets Politics
More News
Rahul Gandhi
Witnessing democracy's death: Rahul as Congress marches to Rashtrapati Bhavan
Witnessing democracy's death: Rahul as Congress marches to Rashtrapati Bhavan Politics
From not eating onions to UPA barbs, Sitharaman's controversial comments
From not eating onions to UPA barbs, Sitharaman's controversial comments Politics
National Herald: Sonia Gandhi's 3rd round of questioning today
National Herald: Sonia Gandhi's 3rd round of questioning today Politics
Parliament monsoon session: 19 opposition Rajya Sabha MPs suspended
Parliament monsoon session: 19 opposition Rajya Sabha MPs suspended Politics
Rahul Gandhi detained at protest over Sonia Gandhi's ED questioning
Rahul Gandhi detained at protest over Sonia Gandhi's ED questioning Politics
More News
Farooq Abdullah
Amarnath Yatra resumes from Jammu, 3 days after cloudburst
Amarnath Yatra resumes from Jammu, 3 days after cloudburst India
Farooq Abdullah declines offer to be Opposition's presidential candidate
Farooq Abdullah declines offer to be Opposition's presidential candidate Politics
J&K: ED summons ex-CM Farooq Abdullah on May 31
J&K: ED summons ex-CM Farooq Abdullah on May 31 Politics
J&K to get statehood 'at right time,' says PM Modi
J&K to get statehood 'at right time,' says PM Modi Politics
PM Modi meets J&K leaders. What happened so far?
PM Modi meets J&K leaders. What happened so far? Politics
More News
Related
Why dermatologists love Kojic acid, a Japanese beauty secret
Why dermatologists love Kojic acid, a Japanese beauty secret Lifestyle
Kali row: Modi invokes Goddess Kali; Mahua Moitra hits back
Kali row: Modi invokes Goddess Kali; Mahua Moitra hits back Politics
Mahindra XUV700 diesel AWD variants recalled over 'critical' issue
Mahindra XUV700 diesel AWD variants recalled over 'critical' issue Auto
When is Madhavan's 'Rocketry: The Nambi Effect' getting OTT release?
When is Madhavan's 'Rocketry: The Nambi Effect' getting OTT release? Entertainment
Next News Article
Next News Article

Love India news?

Subscribe to stay updated.

India Thumbnail
India News Business News World News Politics News Sports News Technology News Entertainment News Auto News Lifestyle News Inspirational News
Career News Bengaluru News Delhi News Mumbai News Mukesh Ambani Indian Premier League (IPL) Karnataka Samsung Xiaomi West Bengal
Bihar Virat Kohli Rohit Sharma Haryana Narendra Modi Arvind Kejriwal Tamil Nadu Gujarat Yogi Adityanath YouTube
Instagram Hollywood News Uttar Pradesh Kerala Netflix Bollywood News Mamata Banerjee Maruti Suzuki Rahul Gandhi Elon Musk
Shah Rukh Khan Chelsea FC OPPO Akhilesh Yadav Indian Cricket Team Apple Manchester United Salman Khan Cryptocurrency OnePlus
Amitabh Bachchan ICC Women's World Cup Vivo India vs Sri Lanka
About Us Privacy Policy Terms & Conditions Contact Us Ethical Conduct Grievance Redressal News News Archive Topics Archive IPL 2022 Schedule IPL 2022 Points Table Find Cricket Statistics
Follow us on
Facebook Twitter Linkedin Youtube
All rights reserved © NewsBytes 2022