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SC affirms stringent provisions of PMLA, not compulsory for ED to disclose ground of arrest

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The Supreme Court on Wednesday affirmed the stringent provisions of Prevention of Money Laundering Act (PMLA) in connection with definition of the proceeds of crime, power of arrest, search and seizure, attachment of properties and also the twin bail conditions. The top court said stringent conditions for bail under the Act is legal and not arbitrary.

A bench comprising justices A.M. Khanwilkar, Dinesh Maheshwari, and C.T. Ravi Kumar delivered the judgment on over 200 petitions challenging various provisions of the PMLA. Anil Deshmukh, Karti Chidambaram, and Mehbooba Mufti were among the high-profile petitioners.

The top court said it is not mandatory for the Enforcement Directorate (ED) officers to disclose the grounds of arrest at the time of detaining an accused in a money laundering case.

The top court said the supply of ECIR in all cases isn’t necessary, however when a person is before a special court, the court can ask for records to see if continued imprisonment is necessary. It added that ECIR cannot be equated by FIR, as it is an internal document. Detailed judgment will be uploaded later in the day.

The top court dealt with the validity of a wide range of powers granted to the ED under the amended law against money laundering. The powers available to the ED for search, arrest, seizure, investigation and attachment of proceeds of offence under PMLA have been challenged.

The apex court verdict is likely to affect a huge number of Opposition leaders, who are under the scanner of the Central investigating agency.

The petitioners have contended that the PMLA provisions violate some of the fundamental rights. The petitioners said that unchecked power to arrest the accused without informing them of grounds of arrest or evidence is not constitutional.

The law has faced several criticisms, which include non-reporting of grounds of arrest, arrest of persons without ECIR (similar to FIR) copy, strict bail conditions etc.

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It will be more impactful than anti-CAA movement, says AIMIM on AIMPLB’s Waqf Bill stir

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Patna, March 26: The protest launched by the All India Muslim Personal Law Board (AIMPLB) against the Waqf (Amendment) Bill in Bihar’s capital, Patna, on March 26 has sparked significant political discourse. Shamim Akhtar, the state Secretary of the All India Majlis-E-Ittehadul Muslimeen (AIMIM), declared that the protest against this Bill would become a bigger movement than the anti-CAA and NRC protests in Independent India.

Speaking to media, Shamim Akhtar emphasised the growing potential of the movement, asserting that it would eventually have a considerable impact on the government.

“So far, the government has not felt any major impact, but this protest will soon evolve into a mass movement. The CAA-NRC protests were a landmark moment for Muslims in Azaad Bharat, and it shook the government. But after that, the pandemic came, and the momentum slowed down. However, I believe this movement will be even more powerful than the anti-CAA/NRC protests in Independent India,” he remarked.

Akhtar further stated that the protest would galvanise a larger section of the population and bring the government’s policies into sharper scrutiny.

He also criticised Rahul Gandhi, Leader of the Opposition in Lok Sabha, for not participating in the protest.

“Rahul Gandhi is far away in Delhi, a thousand kilometres from Patna. When the protests were taking place at Jantar Mantar, he was absent. Even Sonia Gandhi, who is only three to four kilometres away from the protest site, did not attend,” Akhtar pointed out, questioning why the Congress was silent on such an important issue.

“The Muslims of the country, and SP chief Akhilesh Yadav, want to know why Congress is not showing any support. Why are they not opposing the Bill openly, and why aren’t they speaking up against it, considering it undermines both Muslims and the Constitution of India?” he added.

As the protest continues to gain traction, Akhtar further said that it would intensify over the coming weeks.

“I can’t predict the exact course of events, but I hope that after Ramzan and Eid, this movement will gain momentum. There is talk of a nationwide movement, with Gardani Bagh-style protests expected in every district of Bihar and across the country, similar to the indefinite sit-ins during the CAA-NRC protests,” Akhtar said.

Asked whether the protest could garner attention and support from Islamic countries, Akhtar emphasised the importance of focussing on the issue within India.

“I will speak about Islamic countries later. But as for the situation within our own home India, it is our responsibility to address the fire within before seeking help from outside,” he explained.

He further stated, “This country belongs to all its citizens, regardless of their religion, class, or community. There are people from various social organisations and political parties, including the Bhim Army, Jan Suraaj, RJD, and others, who are supporting us. This shows that the issue transcends just the Muslim community — it’s about protecting the Constitution and safeguarding the rights of all people.”

“The Modi government is trying to marginalise minorities. The Waqf Board issue is one that directly concerns Muslims. It is our right to manage our own Waqf properties and make decisions about them,” he said.

He used the analogy of a temple to illustrate his point, stating, “If I were to give the keys of a temple to someone from another community instead of a Hindu priest, how could I expect the temple’s interests to be protected? Similarly, the Waqf Board is a Muslim matter, and we have the right to decide on it.”

Akhtar also criticised the introduction of the triple talaq Bill, accusing the Modi government of interfering with Muslim personal law.

“When the triple talaq Bill was passed, Modi Ji didn’t tell us how to maintain our marriage, but he wanted to dictate how we should divorce. Our Shariat already provides a clear framework for marriage, divorce, and other personal matters. Now, with the Waqf Bill, the government is trying to interfere in our community’s affairs, and this attempt will fail,” Akhtar claimed.

He concluded by stressing that the Waqf Bill was a larger conspiracy to undermine the Constitution, which would be resisted by people across India.

Meanwhile, the RJD chief Lalu Prasad Yadav and Leader of Opposition in the Bihar Assembly, Tejashwi Yadav, joined the AIMPLB’s demonstration against the Waqf (Amendment) Bill.

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‘No way to run House’, Rahul Gandhi attacks LS Speaker

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New Delhi, March 26: Leader of Opposition (LoP) in the Lok Sabha Rahul Gandhi on Wednesday accused Speaker Om Birla of running the House in an “undemocratic manner” and denying him the opportunity to speak.

He claimed that his repeated requests to address key issues like unemployment and the Maha Kumbh Mela in the House were ignored.

“I requested him (the Speaker) to let me speak, but he just ran away. This is no way to run the House,” Rahul Gandhi told reporters outside the House.

Gandhi stated that despite sitting quietly, he was consistently prevented from speaking, which he described as a tactic to muzzle the Opposition.

The Speaker, Om Birla, defended the proceedings, emphasising the importance of maintaining decorum in the House. He referenced Rule 349, which outlines the expected conduct of members, and urged Gandhi to adhere to these standards.

Birla also invoked Rule 372, which allows the Prime Minister or any minister to make statements without taking questions during a session, when Prime Minister Narendra Modi spoke about the Maha Kumbh Mela.

Before he adjourned the House in the day, the Speaker said members are expected to maintain decorum on the floor. “Several instances have come to my notice in which the conduct of members is not up to the high standards of this House. This House has seen father-daughter, mother-daughter and husband-wife as members. In this context, I expect that the Leader of the Opposition behaves in the House in line with Rule 349,” the Speaker said.

Rule 349 lays down the rules of conduct for members to observe in the House.

A week earlier, the House witnessed an uproar during Prime Minister Narendra Modi’s address on Maha Kumbh. PM Modi highlighted the event’s cultural significance and its role in showcasing India’s capabilities, but Opposition members protested, raising concerns about the stampede deaths at the gathering. Amid the din, Speaker Om Birla invoked Rule 372. Speaking to the media later, Gandhi had said, “I wanted to support what the Prime Minister (Modi) said. Kumbh is our tradition, history and culture. Our only complaint is that the Prime Minister did not pay tribute to those who died in Kumbh.” Gandhi reiterated his dissatisfaction with the Speaker’s approach, stating that the Opposition was being systematically excluded from parliamentary discussions.

The incident underscores ongoing tensions between the ruling party and the Opposition, with Gandhi accusing the government of stifling democratic debate. The Speaker’s emphasis on decorum and rules, juxtaposed with Gandhi’s allegations of unfair treatment, highlights the challenges of maintaining balance and inclusivity in parliamentary proceedings.

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Barq denies inflammatory speech allegations; vows full cooperation with probe into Sambhal violence

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New Delhi, March 26: Samajwadi Party (SP) MP, Zia ur Rehman Barq, has strongly denied the allegations that he delivered an inflammatory speech which led to violence at Shahi Jama Masjid in Sambhal during a court-ordered survey of the mosque last year in November.

Speaking on the notice issued to him, Barq clarified his position, asserting that the charges against him were completely baseless.

“You all already know very well, but I will still clarify. The incident that took place in Sambhal included my name under the charge of delivering an inflammatory speech, which is completely wrong. It is under this allegation that I have been issued a notice,” Barq said.

“Regarding the notice that has been given to me, I have said this before as well, I am a citizen of this country, I am a Member of Parliament, I trust the law and order of the nation, I respect the Constitution, and I have full faith in the judiciary.

“I will cooperate fully in the investigation. I have been called on April 8, and I will appear then. I will cooperate fully with the probe and provide all the help that is required to the authorities,” he added.

Referring to the initial complaint where his name was allegedly mentioned incorrectly, Barq said, “When the case was first filed and my name was wrongfully included, we met with the Speaker of the House, under the leadership of Akhilesh Yadav, to address the injustice we faced.

“We asserted that we should get justice. Now that I have been issued a notice, we will consult, and if necessary, we will take further action. But I will fully cooperate with the investigation, as per the directions of the High Court.”

On March 25, the Uttar Pradesh Special Investigation Team served Barq a notice at his Delhi residence for his alleged involvement in the violence that broke out at Sambhal’s Shahi Jama Masjid during a court-ordered survey of the mosque on November 24, 2024.

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