Tuesday, July 26, 2022

Big news! Supreme Court dismisses plea against PMLA Act, ED's powers of action upheld | Supreme Court upholds power of ED to arrest under PMLA sgy 87

The Supreme Court has dismissed the petitions against the PMLA (Prevention of Money Laundering Act). The Supreme Court has upheld the enforcement powers of the Enforcement Directorate (ED). The decision of the Supreme Court has given relief to the central government. The Supreme Court heard more than 200 petitions filed against the PMLA Act. In the petitions, objections were raised on various issues like rules of detention, rights of action, bail conditions. A bench of Justice Khanwilkar gave a verdict on this today and sealed the ED’s powers of action.

Analysis: What exactly is ED? When was it established? Why not easy bail in ED cases?

The fate of many cases depended on the decision of the Supreme Court. ED has taken action against many political leaders under the PMLA Act, and this was an important issue politically.

The Supreme Court while giving its verdict upheld the power of ED to issue summons and arrest under PMLA. The Supreme Court has refused to interfere with the powers of the ED.

The Supreme Court said that non-filing of an FIR in a previous crime cannot be a hindrance in the ED investigation. ED officers are not police officers under CrPC. The statement recorded before them is considered as evidence.

In the petitions, it was objected that the ECIR (Enforcement Case Information Report) was not shown while taking action by the ED. The Supreme Court has held that FIR and ECIR cannot be compared. He explained that it is an internal document for ED. It has also been said that it is not mandatory to give ECIR to the accused, but merely stating the reasons during the arrest is sufficient.

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