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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.

National News

NTA cancels NEET-UG 2026 exam, announces retest; CBI to probe

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New Delhi, May 12: The National Testing Agency (NTA) on Tuesday cancelled the NEET-UG 2026 examination conducted on May 3 and announced that the exam would be re-conducted on dates to be notified separately.

The NTA issued an official statement on the social media platform X, stating that the decision was taken after examining inputs received from Central agencies and law enforcement authorities regarding alleged irregularities in the examination process.

“In continuation of its press release dated 10 May 2026, the National Testing Agency wishes to inform candidates, parents, and members of the public of the following decisions taken in respect of NEET (UG) 2026. NTA had, on 8 May 2026, referred the matters then under consideration to the central agencies for independent verification and necessary action, consistent with its standing commitment to the fair, secure, and credible conduct of the national examinations entrusted to it,” the agency said.

The NTA further stated that, based on the findings shared by investigative agencies and after coordination with Central authorities, the examination process could not be allowed to stand.

“On the basis of the inputs subsequently examined by NTA in coordination with the central agencies, and the investigative findings shared by the law enforcement agencies and in order to ensure that there is transparency in the system, the National Testing Agency, with the approval of the Government of India, has decided to cancel the NEET (UG) 2026 examination conducted on 3 May 2026, and to re-conduct the examination on dates that will be notified separately,” the statement added.

The agency also announced that the Government of India has decided to hand over the matter to the Central Bureau of Investigation (CBI) for a comprehensive inquiry into the allegations surrounding the examination.

“The Government of India has further decided to refer the matter to the Central Bureau of Investigation for a comprehensive inquiry into the allegations therein. NTA will extend full cooperation to the Bureau and will provide all materials, records, and assistance the inquiry requires,” NTA added.

“The inputs received by NTA, taken together with the findings shared by the law enforcement agencies, established that the present examination process could not be allowed to stand. The re-conducted examination dates, along with the re-issued admit-card schedule, will be communicated through the official channels of the Agency in the coming days,” the statement said.

The examination body acknowledged the inconvenience caused to students and parents due to the cancellation and re-examination process but maintained that the decision was necessary to protect the integrity of the national examination system.

“This decision has been taken in the interest of students and in recognition of the trust on which the national examination system rests. The Agency is conscious that the re-conduct will cause real and significant inconvenience to candidates and their families. However, the alternative would have caused greater and more lasting damage to that trust,” the NTA said.

The agency clarified that the registration data, candidature and examination centres opted for during the May 2026 cycle would remain valid for the re-conducted examination. No fresh registration process will be required, and no additional examination fee will be charged.

The NTA also stated that the examination fee already paid by candidates would be refunded, while the re-examination would be conducted using the agency’s internal resources.

Further details regarding the revised examination schedule and reissued admit cards will be announced through the official channels of the agency.

“Further communications, including the re-conducted examination dates and the re-issued admit-card schedule, will be issued through the official channels of the Agency. Candidates and parents are requested to rely only on these official channels and to disregard unverified reports circulating on social media,” the NTA said.

Meanwhile, reports of a possible paper leak had surfaced from Rajasthan after the NEET-UG 2026 examination held on May 3. The Rajasthan Special Operations Group (SOG) launched an investigation into the allegations.

According to reports, investigators recovered a handwritten suggestion paper in which nearly 120 questions allegedly matched the actual NEET question paper, including around 90 Biology questions and 30 Chemistry questions.

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National News

NEET UG 2026 Exam Cancelled, 22.79 Lakh Candidates Affected: What Now?

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NEET UG 2026: The National Testing Agency (NTA) has announced the cancellation of the National Eligibility cum Entrance Test (Undergraduate) 2026. With 22.79 lakh candidates registered for the NEET UG exam this year, the official announcement has stated that the National Testing Agency, with the approval of the Government of India, has decided to cancel the NEET UG 2026 examination conducted on May 3, 2026, and to re-conduct the examination on dates that will be notified later.

The decision has been taken on the basis of the inputs examined by the NTA in coordination with the central agencies, and the investigative findings shared by the law enforcement agencies, the testing agency stated. 

The Government of India has further decided to refer the matter to the Central Bureau of Investigation for a comprehensive inquiry into the allegations therein. 

The NTA released the NEET UG provisional answer key on May 6. The exam was conducted across 551 cities in India and 14 cities abroad, at over 5,432 centres, for approximately 22.79 lakh registered candidates, making NEET UG one of the largest entrance examinations in the world, according to official data. 

Earlier the NTA had informed via a press release that more than 6,000 observers were deployed for independent oversight at the examination centres. Over two lakh personnel have been mobilised to ensure the smooth conduct of the NEET UG 2026 examination.

For students affected, the NTA will announce the re-examination dates soon. The NTA has stated that the decision has been taken in the interest of students and in recognition of the trust on which the national examination system rests. 

“The Agency is conscious that re-conduct will cause real and significant inconvenience to candidates and their families. NTA does not take that consequence lightly. The decision has been taken because the alternative would have caused greater and more lasting damage to that trust,” the National Testing Agency said on a social media post on X.

The re-examination dates and the re-issued admit-card schedule, will be issued through the official channels of the agency, as per the official notice.

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Bollywood

Jacqueline Fernandez did not cooperate during probe: ED tells Delhi court

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New Delhi, May 11: The Enforcement Directorate (ED) on Monday opposed Bollywood actor Jacqueline Fernandez’s plea seeking to turn approver in the Rs 200 crore money laundering case linked to alleged conman Sukesh Chandrashekhar, telling a Delhi court that her conduct during the investigation was “not satisfactory” and that she failed to fully cooperate with the probe.

Appearing before the Patiala House Court, the federal anti-money laundering agency contended that Jacqueline did not make a “full and true disclosure” in her statements recorded under Section 50 of the Prevention of Money Laundering Act (PMLA).

The ED said that during the course of the investigation, Jacqueline’s conduct was not cooperative as she “consistently failed to make full and truthful disclosures” in connection with the proceeds of crime allegedly generated by Chandrashekhar.

Opposing her plea to become a prosecution witness, the ED further alleged that Jacqueline continued to remain in regular contact with Chandrashekhar even after becoming aware of his criminal antecedents.

According to the probe agency, Chandrashekhar had arranged “all benefits, gifts and valuables” for Jacqueline out of the proceeds of crime generated through the alleged money laundering activities.

After hearing the submissions, the Patiala House Court granted time to Jacqueline Fernandez’s counsel to file a rejoinder to the ED’s reply and posted the matter for further hearing on May 12.

The ED has accused Jacqueline of allegedly receiving luxury gifts worth around Rs 7 crore from Chandrashekhar. However, the actor has consistently maintained that she had no knowledge about his alleged criminal activities or the source of the money used for those gifts.

In September last year, the Supreme Court had declined to entertain Jacqueline Fernandez’s plea seeking the quashing of the money laundering proceedings initiated against her by the ED.

Senior advocate Mukul Rohatgi, appearing for Jacqueline before the apex court, had argued that she could not be prosecuted under Sections 3 and 4 of the PMLA as she had no knowledge that the gifts received from Chandrashekhar were proceeds of crime.

The Justice Datta-led Bench, however, referred to the Supreme Court’s judgment in the Vijay Madanlal Choudhary case, upholding the ED’s powers under the PMLA and observed that allegations at the stage of framing of charges must be accepted as they stand.

The ED has filed multiple charge sheets in the case and named Jacqueline Fernandez as an accused in a supplementary prosecution complaint, while another Bollywood actor, Nora Fatehi, was examined as a witness.

The probe agency has alleged that Chandrashekhar’s aide Pinky Irani facilitated the delivery of luxury gifts and expensive items to Jacqueline on his behalf.

The money laundering case stems from allegations that Chandrashekhar cheated the wives of former Ranbaxy promoters Shivinder Singh and Malvinder Singh of nearly Rs 200 crore. However, Fernandez maintained that she had no role in laundering Chandrashekhar’s alleged illegal wealth.

The 40-year-old Sri Lankan actress, who entered Bollywood after winning the Miss Universe Sri Lanka crown in 2006, has been a prominent figure in Hindi cinema for over a decade, also featuring in music videos and reality shows.

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