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Questionable searches under the Money Laundering Act
Context:
As a concern highlighted, the CBI and the ED have absolute freedom to do what is not authorised under the judgments of the Supreme Court. The abuse of authority by the central investigating agencies and the abuse of the process of court raise questions against functioning of system.
Supreme Court's Interpretation of PMLA
- Narrowed Application of PMLA: The Supreme Court limited the Prevention of Money Laundering Act's application to "wrongful gains" related to scheduled offenses.
- Media Criticism of Enforcement Directorate (ED): Recent case of Pankaj Bansal vs Union of India exposed ED's lapses and drew Supreme Court criticism.
- Judicial Clarity on PMLA: Clear declaration by the Supreme Court limits ED's authority without the existence of proceeds of crime.
Federalism Challenges
- ED Actions in Non-Scheduled Offenses: ED's inquiry into non-scheduled offenses, like illegal sand mining, challenges federalism.
- Judicial Oversight Criticism: High Courts permitting investigations without scheduled offenses or proceeds of crime in certain states.
- Political Targeting: ED's selective focus on opposition-governed states raises concerns about political targeting.
Need for Safeguards
- Erosion of Federalism: Misuse of investigative agencies undermines federalism, a fundamental aspect of India's constitution.
- Abuse of Authority and Process: Lack of scrutiny on investigating agencies in BJP-run states contrasts with opposition-governed states.
- Preserving Democratic Values: The need for checks on misuse of investigative agencies and judicial oversight to protect democratic values.
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