The Supreme Court on Thursday was told that an accused under the Prevention of Money Laundering Act (PMLA) upon being produced before a magistrate can’t be mandatorily remanded to the custody of the Enforcement Directorate (ED) upto 15 days and can only be sent to judicial custody. Senior advocate Kapil Sibal, appearing for Tamil Nadu Minister V Senthil Balaji and his wife, stated that on being produced before a magistrate court by the Enforcement Directorate, the accused can’t be remanded to its (ED) custody.
A bench of Justice AS Bopanna and Justice MM Sundresh was hearing pleas of Balaji and his wife challenging the Madras High Court’s judgment order which held legal his arrest by the Enforcement Directorate (ED) in the money laundering case on 14 July. Sibal pointed out the misuse and abuse of the anti-money laundering law by saying that there has been “enough use and abuse of this (PMLA).” Solicitor General Tushar Mehta appearing for the ED asked Sibal to “confine to the facts and not attribute motives and politicise it.” Sibal said that the government have been toppled and asked the Solicitor General to name those who have been arrested under the PMLA thereby suggesting that it was only the leaders of the Opposition being targeted under the anti-money laundering law.
Sibal underlined that the ED officers were not police officers incharge of a police station and thus they were not vested with the powers that are available to police officers incharge of a police station under the code of Criminal Procedure. Advocate Sibal will continue his arguments next on 2 August. The ED had arrested Tamil Nadu minister Senthil Balaji last month in connection with the cash-for-jobs scam that occurred in the state’s transport department, and he continues to be a Minister without portfolio. The ED had earlier approached the apex court contending that the Madras High Court erred in entertaining a habeas corpus petition filed by Balaji’s wife and allowing him to be moved to a private hospital in Chennai from the government hospital following his arrest by the ED.
