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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

Delhi SIR: ECI extends deadline for filing claims and objections till Oct 30

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New Delhi, Sep 26: The ECI on Saturday extended the deadline for Delhi electors to file SIR-related claims and objections by one month or till October 30 and fixed November 30 as the last date for disposal of notices and claims and objections, an official said on Saturday.

The earlier deadline for Delhi electors, whose names were missing in the draft electoral roll, to file Form-6 along with supporting documents was September 30.

“In view of the request received from CEO Delhi, the period for filing claims and objections has been extended by the Commission till 30th October, 2026. The period for disposal of notices and claims & objections has been extended till 30th November 2026,” said the ECI after a meeting at Nirvachan Sadan.

The meeting, chaired by Chief Election Commissioner Gyanesh Kumar and attended by Election Commissioners S.S. Sandhu and Vivek Joshi, also relaxed the provisions related to physical appearance of electors who have received SIR notice and allowed them or their representatives to attend hearings before election officials through online mode.

“In case of any person to whom notice has been issued during the ongoing SIR, for being unmapped and logical discrepancies, BLOs will visit the homes of such persons for collection of documents and thereafter upload them on the ECINet, for decision by the ERO,” said the ECI statement.

“Such persons need not be called for hearing to the ERO/AERO office. Only in exceptional circumstances, as decided by the ERO, the hearing will be held preferably online. Any adult member of the family can be authorised by the elector to attend the hearing on their behalf, if required,” the statement said.

“Facilities for the online hearing to be strengthened. DEOs (District Election Officers) will create adequate number of help desks/hold special camps for the people living in night shelters, labourers, poor people, homeless, etc as per requirement,” it said.

The CEC-chaired meeting also extended the deadline for filing claims in Maharashtra.

“As per the request received from CEO Maharashtra, the period for filing claims and objections in Maharashtra has been extended by the Commission till 12th October, 2026. The period for disposal of notices and claims & objections in Maharashtra has been extended till 10th November 2026,” said the ECI. Earlier, the deadline for disposal of claims and objections was October 3.

The poll panel said that SIR has already been completed in 20 States/UTs including Bihar and West Bengal. Any person whose name has got left out during SIR or thereafter, and any person, including young/ first-time voter, may apply to the concerned ERO for inclusion of their name in the electoral rolls under the process of continuous updation.

In recent months, the Commission has taken numerous decisions, including SIR across the country. The order for the SIR issued on June 24, 2025, for all the States/UTs, starting with Bihar, followed by West Bengal and 30 other States/UTs, was issued with the unanimous approval of the Commission, said the statement.

The same has been upheld by the Supreme Court. The schedule for SIR for 12 States and UTs was issued on October 27, 2025, and those for 19 States/ UTs was issued on May 14, 2026 with the unanimous approval of the Commission, said the ECI.

The final figure of the number of electors will be known only after final publication in the remaining 12 states of Phase-III, it said.

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National News

HM Amit Shah pitches for women-led cooperatives in Kerala

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Kundara (Kollam), Sep 26: Union Home and Cooperation Minister Amit Shah on Saturday asked Kerala’s Cooperation Minister M. Liju to visit New Delhi and work out a comprehensive plan with the Centre to strengthen the cooperative sector in the state, while pitching women-led cooperatives as a key driver of rural economic empowerment.

Addressing a large women’s cooperative gathering at Kundara, HM Shah said Kerala had a strong foundation in the cooperative movement and urged the state to make greater use of the potential in sectors ranging from agriculture to fisheries.

“I don’t know how to speak Malayalam, but I give all of you my respects,” the Home Minister said at the outset, before welcoming those attending the programme.

HM Shah said the demand for a separate Ministry of Cooperation had existed since Independence and became a reality under Prime Minister Narendra Modi.

He said Kerala, with its long cooperative tradition, was well placed to benefit from the Centre’s initiatives.

He said more than 23,000 cooperative units were functioning in Kerala and urged the state to work with the Centre on expanding their activities.

“I am requesting the State Cooperation Minister to come to Delhi and work out plans to strengthen the cooperative sector,” he said.

HM Shah also highlighted the role of the National Cooperative Consumers’ Federation of India (NCCF) and NAFED in promoting women entrepreneurs.

He said NCCF was expanding its retail network and that Vanitha She Marts would provide women with a direct route to markets for their products.

He said products would be sourced directly from farmers, while cooperative institutions could help create stronger market linkages.

Referring to the Centre’s programmes, HM Shah said Bharat Atta and Bharat Rice were now available in Kerala and spoke of initiatives under the Atmanirbhar Bharat programme for providing pulse seeds to women.

He also distributed scholarships to children at the function.

HM Shah said the cooperative movement could become an important instrument for women’s economic empowerment, particularly in rural areas.

He cited the participation of women in NAFED and NCCF-related activities as an indication of the scale of the opportunity.

He also referred to measures taken by the Modi government for women, including the opening of bank accounts, the extension of maternity leave to 26 weeks, and changes concerning Muslim women and Haj.

Turning to Kerala’s coastline, HM Shah said the state had huge potential in the fishing sector and that the emerging blue economy could provide another area for cooperative expansion.

He asked the state Cooperation Minister to discuss the possibilities during his proposed visit to Delhi, particularly the scope for bringing the fisheries sector further into the cooperative framework.

HM Shah also said the Centre was ready to assist states in developing organic farming protocols and related initiatives.

The Home Minister arrived in Thiruvananthapuram on Saturday afternoon and flew by helicopter to Kollam for the Kundara programme, his first public engagement during the visit.

The programme, titled Sahkar Se Samriddhi, is aimed at strengthening women’s participation in the cooperative sector.

Minister of State for Tourism Suresh Gopi, State Cooperation and Excise Minister Shiju, Tourism and Culture Minister P.C. Vishnunath, state BJP president Rajeev Chandrasekhar and Kollam Lok Sabha member N.K. Premachandran attended the function.

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Crime

Murder accused absconding since 2020 arrested by Delhi Police after six years

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New Delhi, Sep 26: The Delhi Police Crime Branch has arrested the main accused in a 2020 murder case registered at Jahangir Puri Police Station, who had been absconding for nearly six years and frequently changed his places of stay to evade arrest, officials said on Saturday.

The accused, identified as Md. Sheikh Shabbir, 35, was arrested from Kanjhawala on September 25 under Operation Kavach, launched by the Delhi Police to identify and apprehend hardcore and long-absconding criminals involved in heinous offences.

According to the Crime Branch, the team of Inspector Pankaj Thakran of NR-1 was actively working to trace absconding accused involved in murder and dacoity cases. During the operation, Constable Ankush developed specific information regarding Shabbir’s whereabouts and learnt that he was hiding in Kanjhawala Gaon.

The information was subsequently corroborated through field verification and technical surveillance. A raiding team comprising SI Bhagyashri, ASI Anil, ASI Sumit, ASI Ajay and Constable Ankush, led by Inspector Pankaj Thakran, was constituted under the supervision of ACP Ashok Sharma.

On September 25, the team conducted a coordinated raid in the Kanjhawala area and successfully apprehended Shabbir, who had been evading arrest for approximately six years.

The accused was wanted in connection with the murder of Siraj Ali, 35, who was working at his meat shop at Jhuggi No. G-636 in Jahangir Puri on April 29, 2020.

According to the police, an argument broke out between Siraj Ali and Shah Alam, son of Sheikh Jahoor, over the price of meat. The dispute escalated into a physical assault. Shah Alam, along with his associates Md. Sheikh Shabbir, Siraj, Salim, Jahoor and Shakil, allegedly assaulted Siraj Ali with iron rods and wooden sticks.

The victim sustained serious injuries and subsequently succumbed to them.

Following the incident, FIR No. 231/2020 dated April 29, 2020, was registered at Jahangir Puri Police Station under Sections 302, 323 and 34 of the Indian Penal Code.

While the other accused persons were arrested during the investigation, Shabbir managed to evade arrest and remained absconding. The police said he frequently changed his places of residence to avoid detection.

Shabbir, a resident of Jahangir Puri, studied up to Class 12 and was working as a scrap dealer in the Kanjhawala area. Police said he had reportedly fallen into bad company during his early teenage years and was also addicted to alcohol.

He was previously involved in two cases registered at Mangol Puri and K.N. Katju Marg police stations under various sections of the IPC.

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