New Delhi17 hours ago
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After Justice Ravikumar retired, a 3 -judge bench was again formed to review the power of ED. (File photo)
The Supreme Court gave the ED i.e. the strength to seize arrest and property to the Enforcement Directorate in 2022. Now to reconsider this decision, the Supreme Court formed a new bench of 3 judges, which will hear today.
This new bench will have Justice Suryakant, Justice Ujjal Bhuiyan and Justice N. Kotishwar Singh. Earlier, Justice Kant, Justice Bhuiyan and Justice CT Ravikumar were watching the matter, but Justice Ravikumar retired on January 5, so a new bench was built.
What is the whole matter? In fact, the court first started hearing in this entire case in 2022, when more than 200 petitions were filed across the country. In these petitions, several sections of PMLA (Prevention of Money Laundering Act) were challenged. Such as ED’s arrest, property seizure, not giving ecir and strict conditions of bail.
- 27 July 2022: The Supreme Court said in Vijay Madanlal Chaudhary vs. Government of India case that ED action (eg arrest, seizure, search) is legal and valid. The court also said that it is not necessary to give ECIR copy to ED.
- August 2022: The court agreed to reconsider 2 important things. For example, is it not right to give ecir? And turning the perception of innocence (ie the accused has to prove that he is innocent).
- March 2024: Earlier, a judge (Justice Ravikumar) retired from the three judges’ bench case reviewing the case.
- March 6, 2025: When the matter accidentally came in front of two judges, Justice Suryakant said that it would be given to a bench of three judges again.
- May 7, 2025: Now the new three judges’ benches (Justice Suryakant, Ujjal Bhuiyan and N. Kotishwar Singh) will hear this.
The court had said- Money laundering is a big trouble worldwide While hearing a case, the court commented on the PMLA law. It was said that money laundering is a big problem around the world and this law is not a common law. ED officers are not considered as police and Ecir cannot be seen as an FIR. It is not necessary to give a copy of ECIR in every case, it is enough to give the reason at the time of arrest.
In 2024, the Supreme Court reprimanded the ED in the money laundering case The Supreme Court heard a case related to PMLA on 7 August 2024. Justice Suryakant, Justice Ujjal Bhuiyan and Justice Dipankar Dutta told ED that in 5 thousand cases of PMLA, only 40 have proved to be defects. You should gather scientific evidence instead of depending on the statements of the witnesses.
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