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‘Stringent, higher standard’: SC upholds validity of PMLA provision on arrest

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The Supreme Court on Wednesday upheld the validity of Section 19 of the Prevention of Money Laundering Act (PMLA), which postulates the manner of arrest of a person involved in money laundering, saying that safeguards are provided in the Act and the preconditions to be fulfilled by the authorised officer before effecting arrest, are equally stringent and of higher standard.

A bench, headed by Justice A.M. Khanwilkar and comprising Justices Dinesh Maheshwari and C.T. Ravikumar said: “We have no hesitation in upholding the validity of Section 19 of the 2002 Act. We reject the grounds pressed into service to declare Section 19 of the 2002 Act as unconstitutional.”

The bench added that such a provision has reasonable nexus with the purposes and objects sought to be achieved by the Act of prevention of money laundering and confiscation of proceeds of crime involved in money laundering, including to prosecute persons involved in the process or activity connected with the proceeds of crime.

The PMLA is a comprehensive legislation, not limited to provide for prosecution of persons involved in the offence of money laundering, but mainly intended to prevent money laundering activity and confiscate the proceeds of crime involved in money laundering, it said.

The bench added that this legislation is an amalgam of different facets including setting up of agencies and mechanisms for coordinating measures for combating money laundering.

“It is not as if after every inquiry, prosecution is launched against all persons found to be involved in the commission of offence of money laundering. It is also not unusual to provide for the arrest of a person during such inquiry before filing of a complaint for indulging in alleged criminal activity,” it noted.

The top court said it is, thus, obliging the person to be obedient to law. “The safeguards provided in the 2002 Act and the preconditions to be fulfilled by the authorised officer before effecting arrest, as contained in Section 19 of the 2002 Act, are equally stringent and of higher standard,” added the bench, in its 545-page judgment.

The top court said safeguards ensure that the authorised officers do not act arbitrarily, but make them accountable for their judgment about the necessity to arrest any person as being involved in the commission of offence of money laundering even before filing of the complaint before the special court under Section 44(1)(b) of the 2002 Act.

“Suffice it to observe that this power has been given to the high-ranking officials with further conditions to ensure that there is objectivity and their own accountability in resorting to arrest of a person even before a formal complaint is filed under Section 44(1)(b) of the 2002 Act.

“Investing of power in the high-ranking officials in this regard has stood the test of reasonableness.”

The top court clarified that the authorities under the 2002 Act are not police officers.

“Ex-consequenti, the statements recorded by authorities under the 2002 Act, of persons involved in the commission of the offence of money laundering or the witnesses for the purposes of inquiry/investigation, cannot be hit by the vice of Article 20(3) of the Constitution or for that matter, Article 21 being procedure established by law,” it added.

The bench noted that in a given case, whether the protection given to the accused who is being prosecuted for the offence of money laundering, of Section 25 of the Evidence Act is available or not, may have to be considered on a case-to-case basis being the rule of evidence.

The petitioners had argued that the procedure being followed under the PMLA is draconian as it violates the basic tenets of the criminal justice system and the rights enshrined in Part III of the Constitution, in particular Articles 14, 20 and 21.

Crime

ED probing shell firms linked to Bengal human trafficking racket

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Kolkata, Nov 8: The Enforcement Directorate (ED) is examining bank accounts linked to a network of shell companies allegedly used to divert proceeds of crime generated through the multi-crore human trafficking racket operating in West Bengal.

The ED unearthed information about these shell companies following raid and search operations conducted on Friday at six locations across different parts of the state. During scrutiny, officials found that large sums were deposited into these accounts and withdrawn within hours, suggesting layering and diversion of illicit funds.

Sources said that through the ongoing examination of these accounts, the investigating officers are attempting to trace the ultimate beneficiaries of the racket.

Meanwhile, the ED issued a statement on Saturday confirming that during the raids, cash worth over Rs 1.01 crore, several digital devices, and property-related documents were seized.

“Several bank account details under the use and operation of the accused/suspect persons have been identified. Two high-end luxury vehicles, including a Land Rover Defender and a Jaguar, have also been frozen under the provisions of PMLA,” the agency stated.

According to the ED, the organised trafficking network operated primarily through bar-cum-restaurants and dance bars in West Bengal.

The central agency initiated its probe based on multiple FIRs registered by Kolkata Police and the West Bengal Police against the key operators of the human trafficking racket under various sections of the erstwhile Indian Penal Code and the Immoral Traffic (Prevention) Act. The ED subsequently registered an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act (PMLA).

Investigations have revealed that the accused exploited vulnerable women under false promises of employment, coercing them into prostitution, and generating substantial illegal proceeds in the process.

The accused identified so far include Jagjit Singh, Ajmal Siddiqui, Bishnu Mudra, and their associates, who allegedly played crucial roles in the financial and operational aspects of the racket.

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Maharashtra: ‘Children Can Grow Up But Must Be Obedient,’ Says BJP MP Narayan Rane On Ajit Pawar’s Pune Land Scam Reply

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Mumbai, Nov 8: The controversial land deal linked to Deputy Chief Minister Ajit Pawar’s son, Parth, has given a new handle to the NCP stalwart’s traditional political rivals to target him over his response to allegations. The BJP, Shiv Sena, and NCP are constituents of the ruling Mahayuti alliance.

Responding to Ajit Pawar’s earlier remark that “when your children grow up, they do their own business,” BJP MP Narayan Rane on Saturday quipped, “Children can grow up, but they should be obedient. What more can I say about it?”.

Once a vocal critic of Ajit Pawar in the past, Rane refrained from making further comments on the issue.

Maharashtra minister and BJP leader Radhakrishna Vikhe Patil has said that Ajit Pawar’s “busy schedule” may have delayed his response to the controversy.

“If Ajit Pawar had acted when he first got wind of the Pune land issue, this situation might not have arisen. But considering his busy schedule, sometimes a few decisions happen automatically,” Vikhe Patil told reporters on Friday.

Vikhe Patil, a former Congressman, and the Pawars have been political rivals in western Maharashtra for decades.

The controversy pertains to the alleged illegal sale of 40 acres of government land in Pune’s Mundhwa area, reportedly worth around Rs 1,800 crore, which Opposition leaders claim was purchased by a company linked to Ajit Pawar’s son Parth for only Rs 300 crore with a stamp duty waiver.

While an FIR was registered on Thursday against three persons, including one of the partners in the company and a government official, for causing loss to the exchequer, Ajit Pawar denied any connection to the transaction.

He had heard of the matter a few months ago and made it clear that he would not tolerate any wrongdoing, he said.

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Mumbai Police Summons Maratha Activist Manoj Jarange-Patil & 5 Others

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Mumbai: Mumbai Police on November 8 has summoned Maratha activist Manoj Jarange-Patil and five others to appear before the investigating officer at Azad Maidan Police Station on November 10.

The Maratha activist and five others have been called between 11 am and 1 pm on November 10.

The summons relate to violations during Jarange-Patil’s hunger strike at Azad Maidan, where police allege rules and Bombay High Court guidelines were breached.

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