The enforcement department has the power to arrest under the Anti-Money Laundering Act.. Supreme Court Verdict!

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India

oi-Shyamsundar I

Updated: Wednesday, July 27, 2022, 15:50 [IST]

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Delhi: The Supreme Court has ruled that the enforcement department has the power to make arrests under the Prevention of Money Laundering Act.

The Supreme Court has ruled that the enforcement department has the power to make arrests under the Money Laundering Act, which launders black money, and this cannot be prevented. The Supreme Court has given this judgment when many people have filed a case against the enforcement department.

Many had argued that the enforcement body, making arrests under the Anti-Money Laundering Act, was unconstitutional and contravened Sections 20 and 21 of the Act.

Trinamool minister under investigation by the enforcement department!  The court orders to disperse.. Mamata has a big headacheTrinamool minister under investigation by the enforcement department! The court orders to disperse.. Mamata has a big headache

Enforcement Department

Enforcement Department

It was alleged that this gave discretionary power to the enforcement department and that it was an abuse of power by converting all crimes into money laundering offences. Congress MP Karti Chidambaram and many others had filed a petition in the Supreme Court in this regard. The following demands were made in the case filed by former Jammu and Kashmir Chief Minister Meghboob Mufti and Karti Chidambaram among others.

  What are the demands?

What are the demands?

The enforcement department should not be allowed to make arrests under the Prevention of Money Laundering Act.

The amendment brought in this regard in 2018 should be removed.

Objection to the existence of two conditions for obtaining bail (condition 1 – if the prosecution appeals against bail, he will be tried first, condition 2 – bail will be granted only if no offense is proved).

The enforcement department should be denied permission to search, file a case and seal under the Anti-Money Laundering Act.

FIR?

FIR?

The enforcement department shall give information report of the action taken under the Prevention of Money Laundering Act to the accused persons. As this is similar to an FIR, the enforcement department has to issue an information report to the accused persons.

The demands included that the enforcement department should not take action under the Anti-Money Laundering Act in cases of abuses filed before 2002.

What is the verdict?

What is the verdict?

It is in this case that the Supreme Court has ruled that the enforcement department has the power to arrest under the crime of laundering black money.

In addition, the Supreme Court rejected most of the petitioners’ demands. Judges A.M. Kanwilkar, Dinesh Maheshwari and C.T. According to Ravikumar’s judgment, the enforcement department is allowed to search, arrest, file a case and seal under the Prevention of Money Laundering Act.

Judgment details

Judgment details

The Enforcement Directorate is not required to furnish accused persons with information on actions taken under the Prevention of Money Laundering Act. This and the FIR are not the same.

The Enforcement Directorate is allowed to take action under the Prevention of Money Laundering Act in cases of fraud filed before 2002. The Supreme Court has ruled that there are two conditions for obtaining bail. The enforcement department can thereby take action to arrest under the Prevention of Money Laundering Act.

English summary

Enforcement Directorate has power to arrest under Money Laundering case order SC. The Supreme Court has ruled that the enforcement department has the power to make arrests under the Prevention of Money Laundering Act


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