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Not mandatory for ED to supply ECIR, disclosing ground of arrest enough: SC

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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.

Crime

Accused in air hostess sexual assault case was porn addict: Gurugram Police

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Gurugram, April 19: Gurugram Police said on Saturday that the accused in the air hostess sexual assault case was a porn addict, an official said.

Gurugram Police Spokesperson Sandeep Kumar said that the accused used to watch porn videos habitually, which was also confirmed from the mobile phone recovered from him.

He said that during police interrogation, it was found that the accused has a B.Sc. (OT) degree from a private institute from the years 2019-2022, and he was an average student in studies.

“For the last five months, he was working as a treatment machine technician in the ICU of the hospital. The accused going to the victim at the time of the incident was confirmed from the CCTV cameras installed in the hospital,” he said.

The Spokesperson said that during interrogation of the accused, it was also found that he had watched porn videos before the incident and even after committing the crime.

“Which is also being confirmed from the search history of the accused’s mobile phone. He was produced before the court on Saturday, from where he was sent to judicial custody for further proceedings,” he said.

Meanwhile, the SIT on Friday nabbed the accused, after analysing at least 800 CCTV cameras installed inside and outside of the hospital, who sexually assaulted the woman when she was on a ventilator.

The accused was identified as Deepak (25), a native of Muzaffarpur in Bihar. The accused had been working as a treatment machine technician in the ICU of the hospital for the past five months and was arrested in the Sadar police station area on Friday.

An official privy to the investigation said that the accused has confessed to his crime in the matter.

“While investigating the incident, eight police teams checked the footage of 800 CCTV cameras installed in the hospital, and around 50 hospital staff, including doctors, were questioned about the incident. Keeping in mind the seriousness of the incident, the police teams investigated from every angle and collected a lot of information related to the incident, as a result of which the police got great success in identifying the accused who committed the crime,” said Arpit Jain, DCP (Headquarters).

On Thursday, Vikas Kumar Arora, Commissioner of Police, Gurugram, had constituted an SIT and ordered the identification and arrest of the accused.

As per the order of the Police Commissioner, an SIT was constituted under the leadership of Arpit Jain, Deputy Commissioner of Police, Headquarters, Gurugram, in which a total of eight different police teams were given special directions and deployed to collect information and evidence related to the incident.

Dr. Sanjay Durani, Medical Superintendent of the hospital, said in a statement that: “We have been informed that the police have identified a suspect who has been taken into custody in connection with the ongoing investigation concerning allegations of sexual assault on a patient. On the basis of information provided to us by the police, we have suspended the suspect employee. As we await the final outcome of the investigation, we will continue to provide full support to the police.”

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Business

FM Sitharaman to showcase India’s economic dynamism during US, Peru visit

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New Delhi, April 19: Union Finance Minister Nirmala Sitharaman is set to embark on an official visit to the US and Peru, beginning April 20, where she is slated to participate in multilateral dialogues to showcase India’s economic dynamism, as the country prepares a bilateral trade agreement (BTA) with the US, it was announced on Saturday.

During her visit to the US, the Finance Minister will visit San Francisco and Washington, DC, from April 20-25, according to a Ministry of Finance statement.

In San Francisco, FM Sitharaman would deliver a keynote address at the Hoover Institution at Stanford University, titled ‘Laying the foundations of Viksit Bharat 2047,’ followed by a fireside chat session.

The Finance Minister will also interact with top CEOs from prominent fund management firms during a roundtable meeting with investors, besides holding bilateral meetings with CEOs from top information technology (IT) firms based in San Francisco.

She will also participate in an event featuring the Indian diaspora in San Francisco and interact with the Indian community settled there, said the ministry.

In Washington, DC, FM Sitharaman will participate in the Spring Meetings of the International Monetary Fund (IMF) and the World Bank, the 2nd G20 Finance Ministers and Central Bank Governors (FMCBG) Meetings, the Development Committee Plenary, IMFC Plenary, and Global Sovereign Debt Roundtable (GSDR) meeting.

On the sidelines of the Spring Meetings, she will hold bilateral meetings with her counterparts from several countries, including Argentina, Bahrain, Germany, France, Luxembourg, Saudi Arabia, United Kingdom, and the US; besides meeting EU Commissioner for Financial Services; President, Asian Development Bank (ADB); President, Asian Infrastructure Investment Bank (AIIB); United Nations Secretary-General’s Special Advocate for Financial Health (UNSGSA); and First Deputy Managing Director of the International Monetary Fund (IMF).

During her maiden visit to Peru from April 26-30, the Finance Minister will lead an Indian delegation of officials from the Ministry of Finance and business leaders, highlighting the strengthening bilateral economic and trade relations between the two nations.

Beginning her visit in Lima, she is expected to call on the President of Peru, Dina Boluarte, and Prime Minister Gustavo Adrianzen, besides holding bilateral meetings with the Peruvian Ministers of Finance and Economy, Defence, Energy and Mines, and also holding interaction with local public representatives.

The Finance Minister will chair the India-Peru Business Forum meeting with prominent business representatives in attendance from both India and Peru.

FM Sitharaman will also hold an interaction with the Indian investors and businesses currently operating in Peru, as well as the Indian business delegation visiting Peru. The Finance Minister will also participate in a community event in Lima, where she will interact with the Indian diaspora living in Peru, according to the ministry statement.

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National News

We can’t live like this: Women break down before NCW chief in riot-hit Murshidabad

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Kolkata, April 19: Women in Dhuliyan, one of the worst-affected areas in West Bengal’s minority-dominated Murshidabad district, have urged the Centre to set up permanent Border Security Force (BSF) camps in violence-hit pockets to ensure their safety following recent communal unrest over protests against the Waqf Act.

On Saturday, a delegation from the National Commission for Women (NCW), led by its chairperson Vijaya Rahatkar, visited Dhuliyan to meet those affected by last week’s violence, most of whom are Hindus.

Several women broke down during their interaction with the delegation and pleaded for the permanent deployment of central forces.

“We won’t survive without permanent BSF camps here. If needed, we are ready to offer our own land and homes for setting them up,” said a woman, sobbing and touching the feet of a delegation member.

The NCW team assured locals that their concerns would be conveyed to the Union Ministry of Home Affairs.

“We are here to stand with you in this moment of crisis. The whole country is watching and supporting you. We will submit a detailed report to the Centre and include the demand for permanent BSF presence in this region,” a delegation member told the women.

Even before Saturday’s visit, NCW member Archana Majumdar had stressed the need for permanent Central Armed Police Forces (CAPF) camps in the region.

“The women victims in Murshidabad have clearly expressed the need for permanent CAPF deployment to ensure their dignity and safety. We will raise the issue with the Union government,” Majumdar said on Friday.

Meanwhile, the Murshidabad district administration has prepared a preliminary report on property damage. According to initial estimates, over 250 houses and 100 shops — mostly owned by Hindus — were vandalized during the unrest.

“This is just the initial estimate. The actual figure may rise as we complete the detailed assessment,” said a senior district official.

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