Connect with us
Wednesday,17-September-2025
Breaking News

National News

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

Published

on

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.

Maharashtra

Mumbai: 32-Year-Old Woman Dies By Suicide In Santacruz; Partner Takes Body To Parents’ Home

Published

on

Mumbai: A 32-year-old woman, identified as Farhana Khan, allegedly died by suicide after hanging herself from a ceiling fan at her residence in the Davri Nagar locality of Vakola, Santacruz East, on Monday afternoon, police said.

According to officials, following the incident, Khan’s live-in partner did not inform the police or seek medical help. Instead, he transported her body to her parents’ home, as reported by news agency PTI. The Vakola police have registered a case and are investigating the circumstances surrounding the incident. Further details are awaited.

In another tragic incident of suicide in the city, a 34-year-old man was found hanging at his residence in Andheri West on Monday. The deceased has been identified as Manish Thombare, who worked with a private company and lived in Sai Baba Society, Gaondevi Dongari.

According to DN Nagar police, the incident occurred between 11:30 pm. on Sunday and 11:30 am on Monday. Thombare lived with his brother and sister-in-law. He had gone to sleep in an upstairs room, and when he failed to come downstairs the next morning, his brother went to check on him and found him hanging from the ceiling fan with a saree.

He was immediately rushed to a nearby hospital, where doctors declared him dead. His body was later sent to Cooper Hospital in Vile Parle (West) for a post-mortem examination. Preliminary investigations suggest that Thombare was suffering from depression due to family issues. He was married in 2022 but got divorced four months ago. He had no children. An Accidental Death Report (ADR) has been registered, and further investigation is underway.

Continue Reading

National News

Supreme Court Cancels Bail Of Chhota Rajan In 2001 Mumbai Hotelier Murder Case

Published

on

New Delhi: The Supreme Court on Wednesday cancelled the bail of mafia don Rajendra S. Nikalje, alias Chhota Rajan, in the 2001 sensational murder of Mumbai hotelier Jaya Shetty.

A Bench of Justices Vikram Nath and Sandeep Mehta allowed the special leave petition (SLP) filed by CBI (Central Bureau of Investigation) challenging a Bombay High Court’s order granting bail to Chhota Rajan and suspended his life sentence.

The Justice Nath-led Bench noted the submission of Additional Solicitor General (ASG) S.V. Raju, who appeared on CBI’s behalf, that Chhota Rajan stood convicted in four other cases and remained absconding for around 27 years.

After a Special MCOCA Court convicted Rajan and others in the sensational murder case and handed him his second life sentence in nearly nine years, Rajan filed an appeal before the Bombay High Court.

In October last year, a Bench of Justices Revati Mohite-Dere and Prithviraj K. Chavan suspended the sentence pending disposal of the criminal appeal and ordered his release on bail. However, Rajan could not avail the benefit of bail as he is already serving a life sentence in New Delhi’s Tihar Central Jail for the 2011 daylight murder of crime journalist Jyotirmoy Dey at Powai.

The Shetty murder case was among the dossier of 71 major offences that were handed over by the CBI to the Indonesian government after Rajan was nabbed in the tourist haven of Bali and subsequently deported to India in November 2015.

Shetty, the owner of the Golden Crown Hotel in south Mumbai, was shot dead by two gunmen on May 4, 2001, with the hit ordered by Rajan, a bitter rival of the absconder terrorist don Dawood Ibrahim Kaskar, triggering a huge sensation in the hospitality and political circles.

After the long trial, the Special MCOCA Court Special Judge A. M. Patil found Rajan guilty and sentenced him to life in jail, along with the other accused, Rahul Pansare, Ajay Mohite, and Pramod Dhonde.

Shetty had become a victim in an alleged extortion case and had been provided with police security, which was withdrawn a couple of months before he was targeted and killed.

Continue Reading

Maharashtra

Mumbai: Red Paint Thrown At Meenatai Thackeray’s Statue At Shivaji Park; Raj Thackeray Visits Site, Uddhav Expected Soon

Published

on

Mumbai: Political tensions emerged at Dadar’s Shivaji Park on Wednesday after miscreants threw red paint on bust of Meenatai Thackeray’s- Shiv Sena founder Balasaheb Thackeray’s wife. The bust is located at the entrance of the park. Shiv Sena (Uddhav Thackeray) workers reached the spot and removed the paint. The incident took place early morning. By afternoon, Sena UBT workers put garlands on the Meenatai’s bust after cleaning it.

As per locals, there is a security guard always deployed 24/7 at the park and expressed surprise at the incident. MNS Chief Raj Thackeray, who resides in Dadar’s Shivaji Park, went to the site of the desecration after being made aware of the incident and took stock of the situation. As per locals, Shiv Sena (UBT) chief Uddhav Thackeray will also visit Shivaji Park later in the afternoon.

As per reports, CCTV footage from the area shows a person near the statue around the time of the incident. Investigations are underway to establish the identity of the individual. No formal complaint with the police has been registered so far.

The iconic Shivaji Park ground holds historic importance, socially as well as politically. The park also houses late Balasaheb Thackeray’s memorial next to Chhatrapati Shivaji Maharaj’s statue inside the ground.

As per the tradition, the ground will hold Shiv Sena UBT’s Dussehra melave next month.

Continue Reading
Advertisement
Advertisement

Trending