Connect with us
हिंदी اردو
Sunday,24-August-2025
Breaking News

National News

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

Published

3 years ago

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.

Post Views: 130
Related Tags:

National News

ED Arrests Congress MLA’s Associate In Sikkim Over Illegal Betting Racket, Seizes ₹6 Crore Cash

Published

1 day ago

on

August 23, 2025

By

Bengaluru, Aug 23: The Enforcement Directorate, which raided over 30 premises on Friday to unearth the illegal betting racket by Congress MLA from Chithradurga has arrested Veerendra alias Puppy at Gangtok in Sikkim and seized Rs 6 crore unaccounted cash he was carrying with him.

Total Seizures from MLA Hit Rs 12 Crore

With this seizure, the total amount of money seized since Friday from the MLA has accumulated to Rs 12 crore, as the ED had seized cash, foreign currency and gold worth over Rs 6 crore on Friday from his residence in Chitradurga on Friday.

Veerendra alias Puppy, who owns five casinos in Goa — Puppy’s Casino Gold, Ocean7 Casino, Ocean River Casino, Big Daddy Casino and Puppy’s Casino Pride, is the first time MLA from Chitradurga. Apart from the seizure of money, the ED has frozen his 17 bank accounts and two bank lockers.

Dubai-Based Companies Linked to Gambling Apps

ED officials are looking into the illegal betting racket run by Puppy through gaming APPs called King567, Raja567, Puppies003 and Rathna Gambling. He is suspected to be using his brother Thippeswamy’s Dubai based companies to operate these APPs.

Transit Remand Granted, MLA to Be Produced in Bengaluru

Puppy was produced before Judicial Magistrate at Gangtok and obtained transit remand. He is being brought to Bengaluru to be produced before the jurisdictional Magistrate.

Post Views: 60,226
Continue Reading

National News

‘Will Blood & Cricket Flow Together?: Sanjay Raut Writes To PM Modi, Condemns Clearance For India–Pakistan Asia Cup 2025 Clash

Published

1 day ago

on

August 23, 2025

By

Mumbai: Shiv Sena (Uddhav Thackeray faction) MP Sanjay Raut wrote a strongly worded letter to Prime Minister Narendra Modi, condemning the government’s decision to allow India to play Pakistan in the upcoming Asia Cup 2025. Raut termed the approval ‘painful and insensitive,’ especially in the wake of the April 22 terror attack in Pahalgam, Jammu & Kashmir, carried out by Pakistani militants.

In his letter, Raut raised sharp questions for the Prime Minister. He asked how the government could justify sporting ties with Pakistan when it continues to maintain that ‘Operation Sindoor’ against terrorism is still not over. Referring to the 26 women widowed in the Pahalgam attack, he asked whether their grief and emotions had been taken into account. “You once declared that blood and water cannot flow together, will blood and cricket now flow side by side?” Raut questioned.

The Sena UBT leader also accused the government of bowing to external pressure, suggesting that the decision may have been influenced by international powers, including the United States. Further, he alleged that India–Pakistan matches generate large-scale betting and online gambling, in which some BJP members are allegedly involved. Naming Jay Shah, Secretary of the Board of Control for Cricket in India (BCCI) and son of Union Home Minister Amit Shah, Raut hinted at possible financial motives behind the clearance.

Raut maintained that had the match been held in Maharashtra, the Shiv Sena under Bal Thackeray would have ensured it was disrupted. He charged the Centre with prioritising cricketing ties with Pakistan over Hindutva and national sentiment, accusing the government of rendering patriotism meaningless in the process.

The controversy comes after the Union Ministry of Sports granted clearance for India’s participation in the Asia Cup clash against Pakistan, despite weeks of growing opposition. Since the Asia Cup schedule was announced, demands for a boycott of the Pakistan fixture had intensified, with many groups calling it inappropriate to play Pakistan while cross-border terrorism persists.

Post Views: 69,179
Continue Reading

National News

PM Modi to inaugurate Rs 2,548 crore urban development projects in Gujarat next week

Published

1 day ago

on

August 23, 2025

By

New Delhi, Aug 23: Prime Minister Narendra Modi will visit Gujarat on August 25 and 26, inaugurating and laying the foundation stones of urban development projects worth Rs 2,548 crore in Ahmedabad and Gandhinagar.

The announcement comes as the state celebrates Urban Development Year and marks two decades of reforms initiated by PM Modi during his tenure as the Gujarat Chief Minister.

Of the total investment, development projects worth Rs 2,267 crore will be dedicated to Ahmedabad.

A key highlight will be the rehabilitation of 1,449 slums in Ahmedabad’s Ramapir Tekra under the Pradhan Mantri Awas Yojana (Urban) at a cost of Rs 133 crore.

The project promises amenities such as an anganwadi, health centre, solar rooftops, and PNG gas connections.

In the water sector, PM Modi will inaugurate a Rs 27-crore drinking water project under Ahmedabad Urban Development Authority (AUDA), featuring a 15-lakh litre clear water pump, pumping station, and a 23-km trunk pipeline, ensuring safe water supply to 10 villages in Daskroi taluka of Ahmedabad district.

The foundation stones will also be laid for several civic works, including a stormwater drainage system in Shela, Manipur, Godhavi, Sanathal, and Telav, redevelopment of Law Garden and Mithakali precinct, new water distribution stations in Thaltej, Naranpura, and Chandkheda, and reconstruction of the Asarwa Railway Over Bridge.

Additionally, a mini sports complex at Sarkhej, to be built at a cost of Rs 56.52 crore, is expected to further Ahmedabad’s sporting infrastructure.

A major announcement will be the six-laning of the Sardar Patel Ring Road at a cost of Rs 1,624 crore.

Executed in two phases under hybrid annuity mode, the project will include service roads spanning 62 km, enhancing traffic flow and safety around Ahmedabad.

In Gandhinagar, projects worth Rs 281 crore will be launched — Rs 243 crore under the Gandhinagar Municipal Corporation and Rs 38 crore under the Gandhinagar Urban Development Authority.

These initiatives focus on improving roads, sanitation, water supply, and flood management.

The Prime Minister will inaugurate a pipeline system from Charedi headworks to Pethapur and Rakheja, built at Rs 44 crore, which will deliver Narmada water to nearly 55,000 residents.

He will also inaugurate new sewage treatment plants and pumping stations at Dabhoda, benefiting around 17,000 people.

The foundation works include a Rs 72-crore road parallel to the Metro from Dholakuva to Pancheshwar Circle, a stormwater drainage line at Pethapur, and new water and sewer lines at Koba, Raysan, and Randesan.

With these projects, Gujarat aims to strengthen its infrastructure backbone and further enhance the ease of living for its citizens.

Post Views: 70,271
Continue Reading

Trending