TeaThe Supreme Court’s decision to uphold the procedures followed by the government in Enforcement Directorate cases under the Prevention of Money Laundering Act has come at a very wrong time for Congress, which is at the end of the law. Justice AM Khanwilkar delivered the three-judge bench judgment barely 48 hours before his retirement. The observations of the Supreme Court can be interpreted as an endorsement of the actions of the present government, as far as summoning, arresting and attaching bank accounts of several political figures and business magnates and freezing of bank accounts are concerned. Is. The morale of the Congress party is certainly at an all-time low as the immediate repercussions of these comments are on the “first family” facing the wrath of the ED.
The Supreme Court was considering the procedure to be followed by the Enforcement Directorate (ED) in filing an Enforcement Case Information Report (ECIR), similar to a First Information Report (FIR) in a police station. The contention of the petitioners, including a former Congress leader who is now backed by the Samajwadi Party, that the process was opaque, arbitrary and infringing on the constitutional rights of the accused, was rejected by the top court. The petitioners had argued that the PMLA, in practice, and the manner in which its provisions are implemented, amount to violation of the basic principles of the criminal justice system and are harsh. But the court declined to comment on the procedures, saying they are part of the probe agency’s internal working procedures, which require not to be made public,
The Supreme Court, consolidating more than 240 petitions, has held strict bail provisions under PMLA and non-disclosure of grounds of arrest at the time of detention as valid provisions. It is important to note that the apex court has observed that it is not necessary to give the copy of ECIR to the accused and there is nothing wrong in the powers of ED to summon and arrest anyone under PMLA.
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What’s Coming for Congress and Others
The immediate result of the Supreme Court order would be fast-tracking of some stalled cases involving senior Congress leaders, close aides of former Jammu and Kashmir Chief Minister Mehbooba Mufti and some businessmen. Since the court has upheld the arrest and confiscation of the properties, it is likely that the ED will rush to reintroduce these actionable provisions. This will certainly lead to the arrest of some of the accused, including a former finance minister and his son, against whom the agency has filed a chargesheet in the infamous 2G spectrum allocation scam and the INX Media case.
The Congress’s claim that the Supreme Court order gave broad powers to the ED under the current BJP-led NDA government has hurt the party’s own image as some of these provisions were amended during the UPA government. In what can be interpreted as an insult to the judiciary, the very custodian of fundamental rights, the party has criticized the top court, accusing it of “taking away the fundamental rights of citizens”. Ironically, the Congress has compared the present order with the 1976 judgment by a Constitution Bench of the Supreme Court during the infamous Emergency. The 1976 judgment states that no person has any right to file a habeas corpus petition before a high court, This illogical stand of the Congress party will give the ruling party a handle to expose the intellectual bankruptcy of the former leadership, which appears to be overzealous to save the ‘family’ from the long arm of the law. The fact that the Supreme Court was hearing over 240 petitions for nearly two years, all seeking to stall the ED’s legal processes, debunks the Congress’ claim that ‘fundamental rights are in danger’.
By claiming that the ED cases against the corrupt since 2014 have increased, the Congress is actually issuing a certificate of merit to the BJP in its commitment to prevent money laundering and punish corrupt elements. Taking into account the fact that the actions of the central government have led to 3,010 searches and attachments of crime-funded assets and cash amounting to about Rs one lakh crore. should be appreciated, Criticizing all prosecution cases as retaliation, Congress is not only linking these individuals to it, but shooting them at their feet.
Faced with increasing cases of nexus between money laundering and organized crime such as illegal arms sales, drug and human trafficking, and terror funding, the G7 established the Financial Action Task Force (FATF) to provide effective anti-money measures to governments. Recommended measures to enact a laundering law. , The PMLA is part of a global action against organized trans-national crimes that are illegal, immoral and undermine democracy.
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Advice to Congress
Instead of trying to weed out corrupt leaders and whitewash their crimes, some honest people in the Congress should distance themselves from these elements, including the ‘family’ and its loyal former home and finance ministers. By cleaning the party of these corrupt elements, Congress can go among the people in a new avatar and can redeem its image. But it is highly unlikely that a Group of 23 or any other club within the party will muster enough courage to stand up to the corrupt leadership and give the party a new purpose and lease of life. Meanwhile, the ED will continue its search for criminals and economic offenders with renewed vigor after the Supreme Court order.
Seshadri Chari is the former editor of ‘Organiser’. Thoughts are personal.
(Edited by Anurag Choubey)