National News
Not mandatory for ED to supply ECIR, disclosing ground of arrest enough: SC
The Supreme Court on Wednesday said supply of a copy of Enforcement Case Information Report (ECIR) in every case to the person concerned is not mandatory, while holding it is not equivalent to an FIR.
A bench, headed by Justice A.M. Khanwilkar and comprising Justices Dinesh Maheshwari and C.T. Ravikumar said: “Supply of a copy of ECIR in every case to the person concerned is not mandatory, it is enough if ED at the time of arrest, discloses the grounds of such arrest.”
The bench said in view of a special mechanism envisaged by the Prevention of Money Laundering Act (PMLA), the ECIR cannot be equated with an FIR. “ECIR is an internal document of the ED and the fact that FIR in respect of scheduled offence has not been recorded does not come in the way of the authorities referred to in Section 48 to commence inquiry/investigation for initiating ‘civil action’ of ‘provisional attachment’ of property being proceeds of crime,” it added.
It said the argument of prejudice pressed into service by the petitioners for non-supply of ECIR deserves to be answered against the petitioners. “For, the arrested person for offence of money laundering is contemporaneously informed about the grounds of his arrest; and when produced before the Special Court, it is open to the Special Court to call upon the representative of the ED to produce relevant record concerning the case of the accused before him and look into the same for answering the need for his continued detention,” it added.
The petitioners’ counsel had argued that as per present situation, the ED can arrest an individual on the basis of an ECIR without informing him of its contents, which is per se arbitrary and violative of the constitutional rights of an accused. It was vehemently argued that in some cases, the ECIR is voluntarily provided, while in others it is not, which is completely arbitrary and discriminatory.
Senior advocate Kapil Sibal, representing one of the petitioners, while referring to the definition of “money laundering” under Section 3 of the PMLA, submitted that the ED must satisfy itself that the proceeds of crime have been projected as untainted property for the registration of an ECIR or the application of the PMLA.
The top court said that ECIR cannot be equated with an FIR which is mandatorily required to be recorded and supplied to the accused. “Revealing a copy of an ECIR, if made mandatory, may defeat the purpose sought to be achieved by the 2002 Act including frustrating the attachment of property (proceeds of crime),” it said.
It held that non-supply of ECIR, which is essentially an internal document of the ED, cannot be cited as violation of constitutional right. “This is compliant with the mandate of Article 22(1) of the Constitution. It is not unknown that at times FIR does not reveal all aspects of the offence in question. In several cases, even the names of persons actually involved in the commission of offence are not mentioned in the FIR and described as unknown accused,” it noted.
The bench said even, the particulars as unfolded are not fully recorded in the FIR, despite that, the accused named in any ordinary offence is able to apply for anticipatory bail or regular bail, in which proceeding, the police papers are normally perused by the court concerned.
It also noted that in some cases, the ED has furnished a copy of ECIR to the person before filing of the complaint. “That does not mean that in every case the same procedure must be followed. It is enough, if the ED at the time of arrest, contemporaneously discloses the grounds of such arrest to such person,” it said.
The top court noted that ECIR may contain details of the material in possession of the authority and recording satisfaction of reason to believe that the person is guilty of money laundering offence. “If revealed before the inquiry/investigation required to proceed against the property being proceeds of crime including to the person involved in the process or activity connected therewith, may have deleterious impact on the final outcome of the inquiry/investigation,” said the bench.
The ED had submitted that the ECIR is an internal document created by the department before initiating penal action or prosecution against the person involved with process or activity connected with proceeds of crime.
The top court judgment came on more than 200 petitions challenging various provisions of the PMLA.
Entertainment
‘Yeh Kaisa Insaan Hai’: Telangana CM Revanth Reddy Slams ‘Pushpa 2’ Star Allu Arjun For Stampede During Screening
Hyderabad: Despite police permission being denied, top Telugu actor Allu Arjun attended the theatre where ‘Pushpa-2’ was screened on December 4, Telangana Chief Minister A Revanth Reddy charged on Saturday.
Even after the death of a woman in a stampede, the actor did not leave the cinema hall, prompting the police to force him out, CM alleged.
Responding to the issue after AIMIM MLA Akbaruddin Owaisi raised it in the Assembly, Reddy, referring to videos in circulation, found fault with Allu Arjun for holding a roadshow and waving to the crowds in spite of the heavy crowd.
Reddy further said the theatre management gave a letter to the police on December 2 seeking security for the visit of top actors and others on December 4. However, the police rejected the application, citing difficulties in crowd management.
Before entering the theatre and exiting, the actor stood through the sunroof of his car and waved to the crowds leading to thousands of fans jostling to get a glimpse of him, he said.
He slammed film personalities for making a beeline for Allu Arjun’s residence to meet him after his arrest but not showing empathy to visit the boy who is undergoing treatment in hospital after suffering injuries in the incident.
“I appeal to the top film personalities that they should not be inhuman,” he said.
He also said there won’t be any special privileges when untoward incidents like death in a stampede happen and said the government would not spare those who troubled common people.
A 35-year-old woman died and her eight-year-old son was hospitalised on December 4 during a stampede-like situation at the Sandhya Theatre in Hyderabad when thousands of fans jostled to have a glimpse of the actor at the premiere of the blockbuster ‘Pushpa 2,’.
Following the incident, the city police registered a case against Allu Arjun, his security team, and the theatre management under different sections of Bharatiya Nyaya Sanhita (BNS) at the Chikkadpally police station based on the complaint lodged by the deceased woman’s family.
Allu Arjun was arrested by the city police in connection with the death of the woman on December 13. The Telangana High Court granted him a four-week interim bail on the same day and he was released from the prison here on December 14 morning.
National News
Conscience itself will deliver justice: Shivakumar on obscene remark row
Bengaluru, Dec 21: Karnataka Deputy Chief Minister D. K. Shivakumar said on Saturday that conscience itself will deliver justice in the derogatory remark case against BJP MLC C. T. Ravi.
The Deputy Chief Minister’s remark came close on the heels of the release of Ravi, who was arrested over alleged derogatory remark against Minister Laxmi Hebbalkar.
On Ravi’s allegations that police harassed him throughout the night, Shivakumar told reporters: “In this matter, you and the police are involved. Whether it’s at his house or his party, I am the cause of everything.”
“Let the BJP accept that disrespecting women and using abusive language is their culture. We will not object,” said Shivakumar.
“C.T. Ravi has not only spoken disrespectfully about Minister Lakshmi Hebbalkar but also about CM Siddaramaiah. In the Assembly, he used the term ‘Nitya Sumangali’ (a Kannada term used to demean a woman). BJP leaders must introspect whether Ravi’s remark was right or wrong,” he claimed.
“Chikkamagaluru (native place of Ravi) is known for its cultured people. Unfortunately, someone like him hails from there,” he added.
“If any leader from our party had spoken like this, I would have condemned it. However, BJP leaders are standing in defence of their leader,” he claimed.
State Home Minister G. Parameshwara said, “The matter is before the court. I won’t issue any statements as the matter is sub-judice. It is not appropriate to discuss the issue.”
“The police claim that they have initiated steps lawfully. The matter is before the court and they will decide what is right and what is wrong. I have been told that while obtaining information on various circumstances, the judgment has come without asking the version of police. Now, we can’t comment or criticise the decision,” Parameshwara stated.
When asked about the Legislative Council Chairperson Basavaraj Horatti stating that there are no records of Ravi making derogatory remark, Minister Parameshwara said that he does not know anything.
National News
BRS MLAs will resign if Congress proves 24-hour power claim: KTR
Hyderabad, Dec 21: Bharat Rashtra Samithi (BRS) Working President K. T. Rama Rao on Saturday told the Telangana State Assembly that all BRS MLAs will resign if the Congress government proves that it is supplying 24-hour electricity to farmers or that it has waived loans of all farmers.
He alleged that the Congress government is making false claims that it is giving round-the-clock uninterrupted power.
Throwing the challenge during the debate on Rythu Bharosa, the BRS leader told Minister for Roads and Buildings Komatireddy Venkat Reddy that he was ready to come with him to Nalgonda district. “If you can show us even in one log book that 24-hour power is being supplied, all we MLAs will resign,” he said.
Similarly, KTR, as Rama Rao is popularly called, also offered to accompany the minister to any village in Kodangal or Sircilla constituency to check on farm loan waivers. “If you can show that loans of 100 per cent farmers were waived even one village, I will resign as MLA and take retirement from politics,” he said.
The BRS leader slammed the Congress government for not properly implementing the Rythu Bandhu scheme launched by the previous BRS government.
KTR said Congress promised enhanced investment support to farmers under Rythu Bharosa but failed to provide the assistance even under the existing scheme.
He claimed that the BRS started Rythu Bandhu to increase the area under cultivation. Citing the statement made by the government, he said the area under cultivation in the state increased from 1.41 crore acres in 2019-20 to 2.04 crore acres in 2020-21.
KTR mentioned that when the BRS came to power in 2014, Telangana had the second-highest number of farmer suicides in the country. He claimed that due to the measures taken by the BRS during the last 10 years, the farmer suicides came down from 11.1 per cent to 1.5 per cent.
The BRS leader alleged that the government was planning to impose cuts under the Rythu Bharosa scheme.
He demanded that the Assembly session be extended by 10 days for a comprehensive debate on electricity, irrigation, and Mission Bhagiratha.
The debate saw a sharp exchange of words and challenges and counter-challenges between BRS and Congress MLAs.
Minister Venkat Reddy threw a challenge at the BRS, saying if it could prove that every household was supplied drinking water under Mission Bhagiratha during its rule, he would not seek votes in the next elections.
He alleged that there was Rs 50,000 crore corruption under Mission Bhagiratha. To this, BRS MLA and former minister Harish Rao mentioned that the total cost of the scheme was only Rs 28,000 crore.
Earlier, Minister for Agriculture Tummala Nageswara Rao said the government has not yet formulated the guidelines. He said the guidelines will be framed after taking suggestions from the legislators.
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