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Tuesday,16-September-2025
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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

‘Agar Hai Tumhari Aukat…’: AAP leader Saurabh Bhardwaj Slams Surya kumar Yadav, BCCI Over Pakistan Game In Asia Cup 2025

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Aam Aadmi Party leader and former Delhi minister Saurabh Bhardwaj slammed Suryakumar Yadav, BCCI for playing match against Pakistan In Asia Cup 2025. He even challenged them to donate the money earned from the India-Pakistan match to the widows of the martyrs in Pahalgam attack.

Speaking at a press conference, he said, ” Suryakumar Yadav agar tumhari aukat hai, tumhari BCCI ki aukat hai aur tumhari ICC ki aukat hai toh tumhe dusri chunati bhi dete hai. Jitna paisa tumne iss broadcast rights se kamaya hai, advertisers se kamaya hai aur iss pure dhande cricket se kamaya hai dedo uss shahido ki vidhwao ko uss 26 aurto ko. Hum bhi maan jayenge tumne dedicate kiya hai.”

(If you have guts, if your BCCI and ICC have guts, whatever money you earned from broadcasters and advertisers, give it to the widows of the martyrs)

Suryakumar Yadav during the post match interview that his team stands in solidarity with the Pahalgam terror attack victims and dedicatd the win to the Pahalgam victims and armed forces. He said, Perfect occasion, taking the time out we stand by the families of the victims of the Pahalgam terror attack. We express our solidarity. Want to dedicate the win to all our armed forces who showed a lot of bravery. Hope they continue to inspire us all, and we give them more reasons on the ground whenever we get an opportunity to make them smile,” 

There was a lot of chatter surrounding the India-Pakistan match, with social media being flooded with messages to boycott the match. The terror attack in Pahalgam in April saw 26 tourists lose their lives. In May, India retaliated with Operation Sindoor.

A day before the match, India assistant coach Ryan ten Doeschate also stated that his players are aware of the sentiments of the people back home and know their emotions. The beginning of the contest between India and Pakistan on Sunday saw no handshakes between Suryakumar

India registered a comfortable 7 wicket win over Pakistan on Sunday. However, the Men in Blue have now qualified for super 4 stage after Oman were eliminated by United Arab Emirates. Pakistan needs to beat UAE to have chance to play India once again.

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Business

Sensex, Nifty open higher as India-US trade talks set to resume

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Mumbai, Sep 16: The Indian benchmark indices opened higher on Tuesday amid mixed global cues, as US Chief Negotiator Brendan Lynch arrived in India to resume trade negotiations between the two nations.

As of 9.25 am, the Sensex was up 184 points or 0.23 per cent at 81,970, and the Nifty was up 47 points or 0.19 per cent at 25,117.

The broadcap indices outperformed benchmark indices, as Nifty Midcap 100 inched up by 0.26 per cent, and the Nifty Small cap 100 moved up 0.70 per cent.

Kotak Mahindra, Axis Bank and Hero Motocorp were the top gainers on NSE Nifty 50 index. Titan Company, SBI Life Insurance, Asian Paints and Tata Consumer Products weighed on the Nifty 50 index.

Among sectoral indices, Nifty Media, the top gainer, jumped 1.08 per cent. Nifty Auto (up 0.65 per cent) and Nifty Oil and gas (up 0.57 per cent) were the other major gainers. Except Nifty FMCG and Nifty PSU Bank, which were marginally down, all other indices were in the green.

Analysts said that, from a technical standpoint, a sustained move above the 25,160 level could pave the way for a rally toward 25,250 and 25,500 zones. The immediate support lies at 25,000 and 24,900 zones.

“The bold reforms – both fiscal and monetary – implemented this year have started yielding results and is likely to gather momentum in near future. An India-US trade agreement without the penal tariffs can be a shot in the arm for markets,” said VK Vijayakumar, Chief Investment Strategist, Geojit Investments Limited.

Major US indices ended firmly in the green zone overnight as the Nasdaq rose 0.94 per cent, the S&P 500 gained 0.47 per cent, and the Dow advanced 0.11 per cent.

Most of the Asian markets made strong gains during the morning session. While China’s Shanghai index dipped 0.1 per cent, and Shenzhen inched down 0.26 per cent, Japan’s Nikkei rose 0.54 per cent, while Hong Kong’s Hang Seng Index inched up 0.07 per cent. South Korea’s Kospi inched up 1.2 per cent.

The US markets are pricing in a 96.4 per cent probability of a 25-basis-point rate cut on September 17, with additional cuts expected through year-end.

On Monday, foreign institutional investors (FIIs) sold equities worth Rs 1,268 crore, while domestic institutional investors (DIIs) were net buyers of equities worth Rs 1,933 crore.

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National News

Bandra Fair 2025: 12 Individuals Booked For Theft On Opening Day

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Mumbai: Twelve individuals from Mumbai and the Thane region, including two 17-year-old boys from Amravati and three women from Pune were booked under nine FIRs at Bandra police station on Sunday, the opening day of the week-long Bandra Fair that will continue till September 21. The suspects, aged between 17 and 35, are from Amravati, Pune, Nirmal Nagar (Bandra East), Santa Cruz and Ambivli in Thane district.

According to the police, the accused had travelled to the fair posing as devotees to steal mobile phones, gold chains and pickpocket worshippers. The Amravati teenagers were caught attempting to steal mobile phones, while the three Pune women who already have theft cases against them for incidents during the Dagdusheth Ganpati festival were nabbed while trying to steal gold ornaments.

Assistant Inspectors Vikram Patil and Bajrang Jagtap led a 35-member team from police stations between Bandra and Versova, working under the supervision of DCP-zone 9, Dikshit Gedam. Around 50,000 devotees visited the first day of the 300-year-old fair, which also marked the reopening of the restored Mount Mary Basilica.

Mumbai Police said they are developing strategies to counter organised thefts by criminals posing as devotees. In 2018, Bandra police had similarly arrested three women chain-snatchers from Chennai during the festival, for whom an interpreter was arranged as they spoke only Tamil.

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