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.
National News
BJP’s Pradeep Bhandari slams Cong after Dalit woman MLA attacked in Kerala

New Delhi, Sep 5: Bharatiya Janata Party (BJP) National Spokesperson Pradeep Bhandari on Saturday lashed out at the Congress, accusing it of being “anti-Scheduled Caste” and “anti-women” after a Dalit woman MLA of the party was allegedly assaulted by Congress’ own workers in Kerala.
Posting a video of the purported incident on his official X account, Bhandari took a jibe at the grand old party, saying: “Congress smashing the patriarchy in Kerala.”
The BJP leader was referring to Lok Sabha Leader of Opposition (LoP) Rahul Gandhi’s ‘Smash the Patriarchy’ remark at his ‘Chhatron ki Goonj’ event in Pune.
“Their own Dalit woman MLA, Remya Haridas, attacked by own Congress workers,” Pradeep Bhandari said.
Accusing the grand old party, the BJP leader also added: “Congress is ‘Anti-SC’, ‘Anti Women’!”
Earlier on Saturday, BJP MP Sudhanshu Trivedi had also targeted Rahul Gandhi’s ‘Smash the Patriarchy’ remark, while referring to the low number of women Ministers in states ruled by the Congress and the removal of a woman Minister (Konda Surekha) from the Telangana Cabinet.
“By shouting ‘Smash Patriarchy, Smash Patriarchy’, they (Congress) are removing women Ministers one by one. On the other hand, highest number of women Ministers in India’s history are serving in Prime Minister Narendra Modi’s government,” Trivedi said during a press conference.
During the ‘Chhatron ki Goonj’ event in Pune on August 22, Rahul Gandhi had called women as the greatest strength of the nation.
“You are this country’s foundation, its future. Patriarchy crushes you, frightens you, controls you. We must work together to dismantle this patriarchy. Smash the patriarchy. My message to you, a simple message: be loud, be proud and fight for your space in society,” the Lok Sabha LoP said.
He asserted that women do not belong to anyone but themselves and urged young women to “break the cage”.
Rahul Gandhi added that while many view the economy or the military as India’s main strength, he believes the nation’s biggest asset lies in the ideas and dreams of its 70 crore women.
He emphasised that women naturally possess higher sensitivity, gentleness, and empathy.
Moreover, the Congress MP had criticised traditional frameworks like Manusmriti for confining women to rigid roles (such as solely being identified as a daughter, wife, or mother), saying: “Women do not belong to any man; you belong only to yourselves.”
Crime
Nishu Azad case: Delhi court sends Swatantra Bharadwaj to one day police custody

New Delhi, Sep 5: Self-styled “influencer” Swatantra Bharadwaj, who claimed to have physically assaulted a student protestor’s father during the Cockroach Janta Party (CJP)-led Jantar Mantar demonstration, was sent to one day police custody on Saturday after being arrested by the Delhi Police.
A day earlier, Bharadwaj was detained by Delhi Police in Uttar Pradesh’s Bulandshahr district.
On Friday, Delhi Police had assured to arrest the accused under sections of the POCSO Act, the SC/ST Act and attempt to murder, within 72 hours, following an agitation by the CJP outside the Parliament Street Police Station in New Delhi.
The CJP’s agitation was also joined by Azad Samaj Party chief and MP Chandra Shekhar, Purnea MP Pappu Yadav and Indian Youth Congress.
A controversy erupted after Bharadwaj, in a purported viral video, allegedly claimed to have assaulted the father of a minor protester, Nishu Azad, during the demonstration at Jantar Mantar and boasted that he was let off by the Delhi Police as he has “political connections”.
The agitators had sought the registration of an FIR against Swatantra Bharadwaj, under stringent sections and immediate arrest of the accused.
Meanwhile, Union Minister and LJP-RV chief Chirag Paswan, on Friday, claimed that his name has been “misused” by the accused in the purported viral video.
Paswan said that he has lodged an official complaint against the accused, identified as Swatantra Bharadwaj, and will ensure justice to the minor victim and her family.
“Understanding the seriousness of this matter, and because that person has misused my name along with the names of several politicians, I have filed an official complaint against him. At the same time, I have urged the Delhi Police that there should be a fair investigation into this matter,” he told reporters in Patna.
Moreover, the LJP-RV chief stated: “Me and my party takes the responsibility to ensure justice to them because allegations have been put on me that may be due to my support, along with that of other politicians; action was not taken against the accused. So now we will ensure that the truth comes out and also ensure strict punishment for the accused who was openly mocking the legal system.”
National News
Does constitutional guarantee of religious freedom no longer apply to Muslims: Owaisi on Saharanpur mosque demolition

New Delhi, Sep 5: AIMIM President, Asaduddin Owaisi, on Saturday reacted to the demolition of a mosque at the Saharanpur Collectorate, questioning whether the constitutional guarantee of freedom of religion still applies to Muslims. He further said that “you cannot bulldoze our masjid just because you have an itch.”
Owaisi took to his social media ‘X’ and said, “The mosque in the Saharanpur Collectorate was demolished at 5 a.m. this morning. Does the constitutional guarantee of freedom of religion no longer apply to Muslims? Why is it that our places of worship are constantly bulldozed on flimsy grounds.”
“The mosque committee produced records going back to 1911 to establish its existence. Prayers have been offered there continuously for more than a century. This is the very definition of Waqf by User, which is still protected as Waqf under law,” he said in the post.
AIMIM President further said that the Limitation Act does not ordinarily allow the Government an unlimited period to wake up one fine morning and assert possession over immovable property.
He further said that the mosque came first, the collectorate later.
“There was more than a century of open, continuous and public possession? The State cannot pretend that this possession began yesterday, hence the principle of adverse possession would apply even if we concede to the state’s arguments. The mosque came first, the collectorate later,” he said.
Owaisi said that for some people, perhaps the very sight of a mosque causes pain.
“For some people, perhaps the very sight of a masjid causes pain. That is their problem, not ours. Look away if you must. You cannot bulldoze our masjid just because you have an itch. My religious freedom is not dependent on your mercy,” he added.
Meanwhile, the administration on Saturday demolished the mosque located within the Collectorate complex in Saharanpur, Uttar Pradesh, after the Muslim side’s appeal was rejected by the court.
Samajwadi Party MP, Iqra Hasan, was scheduled to travel to Saharanpur on Saturday morning, but she was placed under house arrest before she could leave. A large police contingent has been deployed outside her residence.
The development has further intensified the political debate in western Uttar Pradesh.
Speaking to media, Congress MP Imran Masood said, “Look, it’s not just about the mosque. It’s not just the mosque that has been affected; the law of the country and the Constitution are being violated. You cannot prove that the land belongs to you. Based on the Khasra records, you have claimed that this is government collectorate land. But even today, the collectorate land is recorded in the names of Waheed Khan and Yakub Khan, within whose zamindari the mosque was built. It is still registered in their names.
“The mosque is registered with the Waqf Board, but you did not make the Waqf Board a party. As far as Waqf by User is concerned, I was a member of the JPC, and Waqf by User establishes that it is a mosque. There are bills for it, prayers have been continuously offered there, and all these activities have been taking place.”
He further said, “That mosque has been there for the last 70 to 80 years. You had passed an order, and then the District Court passed its order within just one month. The appeal was heard and rejected. You neither listened to us nor gave us time. It is our fundamental right to raise this issue before a higher court, but you did not give us any time.”
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