PMLA: The Supreme Court has taken a big decision regarding the Enforcement Directorate and asked the ED to take permission from the Special Court before making an arrest under PMLA (Prevention of Money Laundering Act, 2002). Have ordered. The Supreme Court said that after taking cognizance of the complaint of the Special Court, the ED cannot arrest an accused under Section 19 of the Prevention of Money Laundering Act, 2002. If ED wants the custody of such accused, then it will have to apply in the concerned court for custody. A bench of Justices Abhay S Oka and Ujjal Bhuiyan said that when an accused appears before the court in compliance with a summons, the agency has to apply to the concerned court to get his custody.
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After this decision, a discussion has started among the lawyers whether the Supreme Court has tightened the noose on the power of ED by its decision. Let us know what is PMLA Act? And how this law became stricter with time.
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What is PMLA Act Rules?
Call it Prevention of Money Laundering Act or Prevention of Money Laundering Act. It is a criminal law which was introduced in 2002 to prevent money laundering and to provide for confiscation of property derived from or involving money laundering and for matters connected therewith or incidental thereto.
SC: Supreme Court tightens control on ED’s powers, permission will have to be taken from Special Court before arrest under PMLA
Brought in Atal government and implemented in Manmohan government
The PMLA law, enacted in 2002 during the government of former PM Bharat Ratna Atal Bihari Vajpayee, came into force in July 2005 during the UPA government of Manmohan Singh. The work of amending and sharpening the provisions of the PMLA Act, which were a thorn in the side of the opposition leaders, was also done during the UPA government in 2009 and 2012.
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why in discussion now
After the arrest of CM Arvind Kejriwal after Hemant Soren, the voice of opposition parties’ allegations of misuse of agencies like ED and CBI under the stringent PMLA law has become louder. The biggest target is ED and its PMLA law. The opposition alleges that the Modi government has made such a stringent law on PMLA only to target opposition leaders. Whereas the truth is that the PMLA law made in 2002 during the Atal Vajpayee government was implemented in July 2005 during the UPA government of Manmohan Singh. The work of amending and sharpening the provisions of the PMLA Act, which were a thorn in the side of the opposition leaders, was also done during the UPA government in 2009 and 2012.
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Former Chief Minister of Jharkhand Madhu Koda was the first victim
Former Jharkhand Chief Minister Madhu Koda became the first victim of PMLA’s harsh law. In October 2009, ED had tightened its grip on Madhu Koda and several ministers including her under the PMLA law. After 2010, money laundering crackdown was tightened against the accused in various scams including 2G scam and coal mining scam. Under PMLA law A. Despite the arrest of many big leaders including Raja, the then Finance Minister P. Chidambaram amended it in 2012, making it even more stringent and expanding its dimensions.
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During the hearing, the bench gave these arguments
While giving the verdict on the PMLA law (Prevention of Money Laundering Act), the bench of Justice Abhay S Oka and Ujjwal Bhuyan said that if cognizance of the crime has been taken under section 4 of PMLA on the basis of complaint under section 44. Then the ED and its officers cannot use the powers given under section 19 to arrest the person accused in the complaint.
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28 types of crimes were included in the law in 2012
Initially this law covered matters related to terrorist funding, smuggling and wildlife. After its implementation in 2005, it became mandatory for all banking and financial institutions to send reports of suspicious transactions to the Financial Intelligence Unit (FIU), so that the banking channel can be monitored. The amendments made in 2009 brought several laws like the Anti-Corruption Act under the ambit of PMLA and gave the ED powers to arrest and seize the property of the accused. In 2012, ED was given the right to investigate under PMLA in cases registered under 28 laws, whereas earlier this was given to ED in only six laws.
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