'Act within law, not like crook': SC pulls up ED
What's the story
The Supreme Court has expressed concern over the Enforcement Directorate (ED)'s low conviction rates under the Prevention of Money Laundering Act (PMLA), 2002. Justice Ujjal Bhuyan stressed that the ED cannot "act like a crook" and must operate "within the four corners of law." "After 5000 cases, less than 10 convictions. We are equally concerned about the image of ED," Justice Bhuyan said.
Investigation concerns
ASG's arguments on ECIRs and investigations
The court's comments came while hearing review petitions against its July 2022 ruling in Vijay Madanlal Choudhary v. Union of India. The ruling had upheld the ED's powers under the PMLA. Appearing for the ED, Additional Solicitor General (ASG) SV Raju argued that one of the reasons for the low conviction rate in PMLA cases is that the "rich and powerful use a powerful battery of lawyers and file so many applications."
Argument
Review can't be an appeal in disguise: ASG
Raju went on to say that review petitions cannot be maintained since they are essentially appeals disguised as reviews. "If the review is accepted, it would be tantamount to rewriting the judgment of Vijay Madanlal, which cannot be permitted," he said. "Review can't be an appeal in disguise. Review cannot be for asking. They have to make out an exceptionally strong case for review," he said.
Detention success
CJI Gavai's remarks on ED's 'success'
On the same day, another Supreme Court bench headed by Chief Justice of India BR Gavai also raised questions on conviction rates in ED cases. The CJI noted that even if convictions are not secured, the ED has been "successful" in "sentencing" individuals by keeping them in jail without trial for years. Last year, Justice Bhuyan had pointed out that only 40 convictions were secured out of over 5,000 cases registered under PMLA in 10 years.