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ED Powers under Supreme Court Lense
Context
The Supreme Court's recent decision to grant interim bail to Arvind Kejriwal in the Delhi excise policy case has brought attention to the legal scope of the Prevention of Money Laundering Act (PMLA) and the powers of the Enforcement Directorate (ED).
ED's Powers and Issues:
- Under Section 19(1) of PMLA, ED officers have discretionary power to arrest individuals without requiring a warrant.
- Issue: The SC questioned whether this power should be subjected to more stringent judicial scrutiny, considering factors like "need and necessity" for arrest.
- ED's statistics reveal a disparity between ECIRs recorded (5,906), searches conducted (531), persons arrested (513), and prosecution complaints filed (1,142).
- Issue: This raises questions about ED's policy on when to arrest individuals involved in offences under PMLA.
Other Important Judgments on PMLA
- Vijay Madanlal Choudhary v. Union of India
- The Supreme Court upheld various provisions of PMLA, including those related to arrest, attachment, search, and seizure by the ED.
- The court held that these provisions have a reasonable connection with the Act's objective to prevent money laundering effectively.
- Chidambaram v. Directorate of Enforcement (2019)
- The Supreme Court rejected a plea for anticipatory bail in a money laundering case and granted custody to the ED.
- The court reasoned that money laundering cases involve complex stages of fund placement and layering, requiring a systematic and thorough investigation.
- Granting pre-arrest bail would hinder this process and potentially compromise the investigation.
Fact Box:About Enforcement Directorate (ED)
About Prevention of Money Laundering Act (PMLA), 2002
Other key authorities to investigate anti-money laundering offences
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