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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.

health

Centre committed to provide quality healthcare for workers, families: Union Minister

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New Delhi, Feb 22: The government is committed to providing quality healthcare services for workers and their families, Union Minister for Labour and Employment, Dr Mansukh Mandaviya, said on Saturday, emphasising the welfare of workers.

Dr Mandaviya, who visited Chandigarh to review key institutions under the Ministry, said that data-driven decision-making is crucial for enhancing economic growth, governance and service delivery.

As part of his visit, the Union Minister toured the Labour Bureau and the Employees’ State Insurance Corporation (ESIC) Model Hospital, Chandigarh, assessing their ongoing initiatives and interacting with stakeholders.

At the Labour Bureau, he was apprised of the objectives, scope and status of various activities, including price indices, labour statistics and surveys.

Dr Mandaviya also took a review of the performance and initiatives of the EPFO Regional Offices under the Punjab & Himachal Pradesh Zone at the Labour Bureau.

The Union Minister highlighted that reforms in the IT system are continuously transforming the functioning of the EPFO.

Later, the Union Minister visited the ESIC Model Hospital in Chandigarh and toured the hospital facilities. He interacted with patients receiving treatment at the hospital and reaffirmed to them that the government is committed to providing quality healthcare services for workers and their families.

Earlier this week, Dr Mandaviya instructed officials to prioritise efficient medical service delivery and expedite the timely completion of hospital renovation and construction projects.

During his visit to ESIC Hospital in Mumbai, he interacted with patients and staff to understand their experiences and feedback on the services provided.

To improve efficiency and transparency, he directed officials to accelerate the digitisation of processes, including inspections, ensure better upkeep of laboratories, and maintain a strong focus on transparency in regulatory activities.

Meanwhile, the payroll data of the Employees’ State Insurance Corporation (ESIC), released on Friday, show that as many as 17.01 lakh new employees were added in December 2024 while 20,360 new establishments were brought under the social security ambit of the ESI Scheme during the month, ensuring social security to more workers.

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National News

Congress accuses US Prez and BJP of misleading public on USAID funding, demands white paper

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New Delhi, Feb 22: The Congress party has intensified its attack on the BJP and US President Donald Trump, accusing both of brazenly lying about USAID funding to India. The party has demanded the release of a comprehensive white paper detailing all funds received by political parties, individuals, NGOs, and organisations from international developmental agencies, aid mechanisms, and multilateral forums.

The Congress emphasised that this white paper should not be limited to USAID funding alone but should encompass financial assistance from all foreign entities operating within the framework of Indian law.

In a sharp critique aimed at Prime Minister Narendra Modi, the Congress urged him to address allegations made by President Trump, who had claimed that the US was preparing to provide $21 million to India to increase voter turnout. The Congress party said PM Modi should confront Trump directly and refute the “baseless” claims made by the US President.

“The RSS-BJP and their entire ecosystem are making wild allegations to bolster their fabricated narrative against credible civil society members, NGOs, and political parties. These actors must not only be named and shamed in public forums but also face legal action for spreading falsehoods and misleading the nation,” said Pawan Khera, Chairman of Media & Publicity (Communications Department), AICC at a press conference here on Saturday.

A report published by a leading Indian daily on Friday clarified that the $21 million in question was not directed toward India but was instead allocated to Bangladesh.

The Congress questioned the Modi government’s apparent ignorance of this development in a neighbouring country, asking, “If the funds were directed to Bangladesh, how can the Modi government remain unaware of such significant financial movements in the region? Does this not raise serious concerns about the government’s effectiveness in managing its neighbourhood policy?”

The party also dismissed the BJP’s claims regarding a 2012 agreement between the Election Commission of India (ECI) and the International Foundation for Electoral Systems (IFES) — a member of the Consortium for Elections and Political Process Strengthening (CEPPS) — as misleading.

“The IFES was engaged by the ECI to develop a curriculum on election management, not to influence elections in India,” Khera stated. “The course material developed by IFES was used not for domestic elections but to train electoral officials from across the world. The Election Commission itself highlights on its website that it has trained 69,362 election officials from 109 countries under this initiative.”

The Congress party’s demand for transparency and accountability on USAID funding in India has added fuel to the ongoing political slugfest between Congress and the BJP.

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Maharashtra

Maha minority panel to seek shorter working hours for Muslim staff during Ramzan

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Mumbai, Feb 22: After Telangana and Andhra Pradesh permitted Muslim government employees to leave offices early during the fasting month of Ramzan, similar demands are now being raised in Maharashtra and other states.

Maharashtra Minority Commission Chairman Pyare Khan confirmed that the commission has received multiple applications requesting the state government to allow Muslim employees to leave work an hour early during Ramzan.

“We have received several requests from people asking for permission to leave offices an hour early during Ramzan. India is a great example of ‘Ganga Jamuna Tehzeeb,’ where people from different communities live together in harmony,” Khan told media.

He added that he plans to present this demand to Maharashtra Chief Minister Devendra Fadnavis through an official letter.

The demand follows orders issued by the Telangana and Andhra Pradesh governments, allowing Muslim employees, including teachers and contract workers, to leave work at 4 p.m. instead of the usual 5 p.m. from March 2 to March 30 to perform religious rituals.

“The government hereby permits all the employees who profess Islam, including teachers and persons hired on contract, out-sourcing basis, and Village/Ward Secretaries, to leave their offices/schools early by an hour before closing time on all working days during the Holy month of ‘Ramzan’ to perform necessary rituals,” read the Andhra Pradesh government order.

Similarly, the Telangana government order stated: “Government hereby permits all Muslim government employees/teachers/contract/out-sourcing/boards/corporations and public sector employees working in the state to leave their offices/schools at 4 p.m. during the holy month of Ramzan, i.e., from March 2 to 31, to offer necessary prayers, except when their presence is required due to exigencies of services.”

The demand is also gaining traction in Karnataka, where Pradesh Congress Committee (KPCC) Vice Presidents M.R.M. Hussain and Syed Ahmad recently wrote to Chief Minister Siddaramaiah, urging the state government to grant Muslim employees a one-hour exemption from duty to facilitate prayers and iftar.

However, the Karnataka government has yet to make a decision on the request.

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