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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.

National News

Virat Kohli Breaks Silence 91 Days After Bengaluru Stampede With Emotional Note, Says ‘Together We Will Move Forward With Care’

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Virat Kohli penned down an emotional note for RCB fans and people who lost their lives in the Bengaluru Stampede on June 4th. Royal Challengers Bengaluru shared message on their social media handle in which Kohli said, “Nothing in life really prepares you for a heartbreak like June 4th. What should’ve been the happiest moment in our franchise’s history… turned into something tragic. I’ve been thinking of and praying for the families of those we lost… and for our fans who were injured. Your loss is part of our story now. Together, we will move forward with care, respect and responsibility.”

11 people were dead and 47 others were injured in the stampede near the city’s M. Chinnaswamy cricket stadium, where the players were parading the trophy for fans. Kohli’s statement on the incident is a part of the team’s ‘RCB CARES’ initiative to ensure better crowd management in the future to avoid untoward incidents such as the June 4 stampede.

Recently, RCB made their first social media post 84 days after the tragic stampede incident in Bengaluru. In a post shared on Thursday, the franchise says they have launched RCB Cares in response to the tragedy that unfolded a day after the franchise won their maiden IPL title.

Here’s the full statement,” Dear 12th Man Army, this is our heartfelt letter to you. It’s been close to three months since we last posted here.The Silence wasn’t Absence. It was Grief.”

“This space was once filled with energy, memories and moments that you enjoyed the most.. But June 4th changed everything.That day broke our hearts, and the silence since then has been our way of holding space.” The franchise announced a financial compensation of ₹25 lakh to families of stampede victims

Meanwhile, the Chinnaswamy Stadium has been deemed ‘unsafe’ to host large-scale gatherings, as part of the findings of the report submitted by the Commission to the Karnataka Government. ESPN Cricinfo reported that the venue’s design and structure are ‘unsuitable and unsafe’ for mass gatherings.

As a result, the venue was also ticked off as one of the hosts of the upcoming Women’s ODI World Cup. It has been replaced by the D.Y. Patil Stadium in Navi Mumbai.

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Crime

Thane Sessions Court Grants Bail To Man Accused Of Rape On Promise Of Marriage, Says Woman Was Aware He Was Married

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Thane: The Thane Sessions Court has granted bail to Kashimira resident Savlaram Smartharam Chaudhary, who was accused of allegedly raping a woman on the pretext of marriage. The court, in its order, observed that the woman was well aware of the fact that the accused was married and hence was equally responsible for the act.

The order stated: “It appears that the accused has not denied or disputed physical relations with the victim. However, he claims that these were consensual relations between adult persons, whereas the victim claims that she consented to such relations due to an assurance of marriage. The investigation papers show that the accused got married on July 23,2024and has a baby. The period of the alleged offence is between August 2023 and January 2025, which means the victim continued her relationship with the accused even after his marriage. She is 28 years old and deals with monetary transactions. She knows the consequences of physical relations with a married person prior to marriage. In these circumstances, the ingredients of Section 69 of BNS are prima facie not attracted against the accused.”

The prosecution alleged that the accused gave a false promise of marriage and maintained physical relations with the woman at various hotels and lodges. He also allegedly obtained Rs 8 lakh from her and committed the offence of cheating, which led to an FIR being lodged against the accused and a co-accused.

The accused, however, claimed innocence, stating that he was falsely implicated. He was arrested on July 27 and has been in judicial custody since July 31 after custodial interrogation. The accused and the victim were colleagues at an imitation jewellery shop, where their friendship eventually turned into a relationship.

The accused further argued that he did not have sexual relations with the victim under a false promise of marriage and that the allegation regarding the Rs 8 lakh was baseless. He maintained that the money was taken as a loan to start an imitation jewellery business and was subsequently repaid.

He also produced a bank statement before the investigating officer, showing that the amount had been returned. Additionally, on April 25, the accused and the victim entered into a compromise deed stating that the victim did not owe any amount to the accused.

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National News

Bombay HC Swears In 14 New Additional Judges, Including CJI Gavai’s Kin, Total Strength Rises To 82

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Mumbai: Fourteen new judges were sworn in as additional judges of Bombay High Court on Tuesday. Acting Chief Justice Shree Chandrashekhar administered the oath to the 14 judges, including Raj Damodar Wakode, a relative of CJI Gavai.

Others appointed as HC judges are Siddheshwar Thombre, Mehroz Ashraf Khan Pathan, Ranjitsinha Bhonsale, Sandesh Patil, Shreeram Shirsat, Hiten Venegavkar, Rajnish Vyas, Nandesh Deshpande, Amit Jamsandekar, Ashish Chavan, Vaishali Patil-Jadhav, Abasaheb Shinde and Farhan Dubash.

Advocates Patil, Shirsat, Venegavkar and Chavan have represented central agencies like the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) in several profile cases. Currently, Venegavkar is the chief public prosecutor at the HC.

The Supreme Court collegium recommended their appointment on August 19. The Central government cleared the same on August 27.

On August 19, three judges were sworn in as HC judges, including Aarti Sathe, whose elevation drew political attention over her previous role as a BJP spokesperson. Other two sworn in as judges were Ajit Kadethankar and Sushil Ghodeswar.

Until yesterday, the High Court had a functioning strength of 68 judges against a sanctioned strength of 94. With the new appointments, the strength has come up to 82.

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