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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.

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241 dead, one survivor as Air India Dreamliner crashes after takeoff from Ahmedabad: Air India

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New Delhi, June 13: In what is being described as one of the worst aviation disasters in Indian history, an Air India Boeing 787-8 Dreamliner carrying 242 people crashed shortly after takeoff from Ahmedabad airport.

The aircraft, operating as Flight AI-171 from Ahmedabad to London Gatwick, plunged into a residential complex near BJ Medical College, killing 241 people on board.

The ill-fated flight had 230 passengers, 10 cabin crew, and two pilots. According to officials, only one person, a British national of Indian origin seated in 11A, survived the crash and is currently undergoing treatment at a local hospital.

The aircraft took off from Sardar Vallabhbhai Patel International Airport at 1.38 p.m. (IST) on Thursday before losing control moments later and crashing into a densely populated area, igniting a massive blaze and triggering emergency response teams across the city.

Air India confirmed the accident in an official statement on X: “UPDATE: Air India confirms that flight AI171, operating from Ahmedabad to London Gatwick on 12 June 2025, was involved in an accident. The 12-year-old Boeing 787-8 aircraft departed from Ahmedabad at 1338 hrs, carrying 230 passengers and 12 crew. The aircraft crashed shortly after take-off. We regret to inform that, of the 242 aboard, there are 241 confirmed fatalities. The sole survivor is being treated in a hospital.”

The airline also shared the nationality breakdown of passengers: 169 Indian nationals, 53 British, seven Portuguese, and one Canadian.

“Air India offers its deepest condolences to the families of the deceased. Our efforts now are focused entirely on the needs of all those affected, their families and loved ones. A team of caregivers from Air India is now in Ahmedabad to provide additional support,” the statement added.

The national carrier has pledged full cooperation with authorities investigating the cause of the crash and has established dedicated helplines for families seeking information.

Domestic callers can reach the support team at 1800 5691 444, while international callers are advised to dial +91 8062779200.

Regular updates will be provided through Air India’s official website and its X handle.

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Plastic nurdle spill from sunken cargo ship reaches TN’s Dhanushkodi sanctuary, raising alarm

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Chennai, June 10: A plastic nurdle spill from the sunken cargo ship MSC ELSA 3 has spread into the newly declared Dhanushkodi Greater Flamingo Sanctuary in Ramanathapuram district, threatening one of India’s most fragile coastal ecosystems.

The MSC ELSA 3, a Liberian-flagged vessel, sank off the Kochi coast a few weeks ago while carrying 640 containers, including 13 with hazardous materials, 12 with calcium carbide, 367 tonnes of furnace oil, and 84 tonnes of diesel.

The ship’s cargo manifest remains undisclosed, fuelling speculation about the full extent of environmental risk.

Dhanushkodi Sanctuary, located within the Gulf of Mannar Biosphere Reserve, supports 128 species of birds — including Greater and Lesser Flamingos — and is home to sea turtles, crustaceans, molluscs, and fish. Its dunes, marshes, and seagrass beds form part of the Central Asian Flyway for migratory birds.

The nurdles — tiny plastic pellets used in industrial manufacturing — resemble fish eggs and can be deadly to marine life. When ingested, they cause internal blockages, starvation, and often death. They also absorb toxins, entering the food chain and posing long-term health hazards.

About 80 bags, each weighing 25 kilograms, have reportedly washed ashore along a 12-km coastal stretch. Affected sites include the Dhanushkodi old church, Irattaithalai, Mugandharayan Chathiram, Gothanda Ramar temple, and Patchappatti village.

Carried by ocean currents from the Thiruvananthapuram-Kanniyakumari coast, the spill now threatens the adjacent Gulf of Mannar Marine National Park, home to vital coral reefs and seagrass beds.

Experts warn these habitats could be smothered by plastic debris, blocking sunlight and disrupting photosynthesis.

Ramanathapuram District Collector Simranjeet Singh Kahlon said, “We’ve identified between 15 and 30 nurdle bags along the coast. A special team has been deployed for cleanup, and additional teams are monitoring for further debris.”

He urged the public not to panic, stating that swift action was underway.

The disaster evokes memories of the 2021 X-Press Pearl incident in Sri Lanka, where 1,680 tonnes of nurdles led to mass marine deaths and crippled fisheries.

Studies showed severe impacts on plankton and larval life forms, threatening entire food chains.

Cleanup efforts in Ramanathapuram face challenges due to the nurdles’ buoyancy and small size, worsened by monsoon waves that break them into microplastics.

With the 61-day annual fishing ban nearing its end, fishermen fear reduced fish catches and consumer hesitancy could harm their livelihoods if the spill worsens.

Environmentalists are calling for urgent intervention, cargo transparency, and long-term containment measures to prevent irreversible damage to one of India’s most critical marine ecosystems.

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Eight Punjab and Haryana HC judges take lead to boost Kashmir tourism post Pahalgam terror attack

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Srinagar, June 9: To give a boost to Kashmir tourism post Pahalgam terror attack, eight judges of the Punjab and Haryana High Court are visiting the valley along with their families.

The visit of the legal personalities along with their families carries a powerful message for the revival of tourism in Kashmir, which got shattered after the Pahalgam terror attack.

On April 22, Pakistan-backed terrorists of Lashkar-e-Kashmir (LeT) killed 26 civilians, including 25 tourists and a local pony owner.

The pony owner sacrificed his life while trying to protect the tourists from the bullets of the terrorists.

The terror attack caused outrage in the entire country, and to avenge the killings of innocent civilians, the Indian Armed Forces carried out airstrikes against terror infrastructure in Pakistan under Operation Sindoor.

In retaliation for India’s attack on terrorist infrastructure, Pakistan resorted to heavy mortar shelling on civilian facilities in Poonch, Rajouri, Baramulla, Kupwara and Bandipora districts.

Eighteen civilians were killed in Pakistan shelling, 13 of them in Poonch district, in addition to the destruction of scores of homes, shops, a temple, a mosque, a church and a Gurudwara.

The itinerary of the visiting high court judges includes visits to the Mughal Gardens of Nishat and Shalimar, Shikara rides on the Dal Lake, a visit to the historic Pari Mahal and buying a few handicrafts at the local market.

There could be no better omen for the revival of tourism in Kashmir than the decision of the honourable justices of the High Court to come here along with their families.

Coinciding with the visit of these dignitaries, local tour and travel operators and hotel owners are reporting a gradual rise in the tourist bookings that had virtually stopped after the Pahalgam terror attack.

Tour and travel operators and others connected with the tourist industry have expressed hope that the visit by the most respected legal dignitaries, like the high court judges, will restore confidence among visitors, both domestic and foreign, that Kashmir is a safe tourist destination.

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