New Delhi (PTI): The Supreme Court Thursday held that the Enforcement Directorate (ED) cannot arrest an accused under Section 19 of the Prevention of Money Laundering Act (PMLA) after a special court has taken cognisance of the complaint of money laundering.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said when an accused appears before a court in pursuance of a summons, the agency will have to apply to the court concerned to get his custody.
"If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody," it said.
"Accused who appeared before the court pursuant to the summons not required to apply for bail, and thus twin conditions of Section 45 of PMLA not applicable," the bench said in its judgment.
The twin conditions state that when an accused in a money laundering case applies for bail, the court has to first allow the public prosecutor to be heard and only when it is satisfied that the accused is not guilty and unlikely to commit a similar offence when released, can bail be granted.
The apex court judgment was pronounced on a question of whether an accused in a money laundering case has to meet the stringent twin test for bail even in cases where the special court takes cognisance of the offence.
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Washington, Oct 31: Sending Diwali greetings, former president Donald Trump, who is the Republican presidential candidate, on Thursday condemned the attack on Hindus in Bangladesh, vowed to strengthen ties with India and described Prime Minister Narendra Modi as his good friend.
Bangladesh, he said, remains in a total state of chaos and alleged that his Democratic rival Vice President Kamala Harris and her boss President Joe Biden have ignored Hindus across the world and in America.
“I strongly condemn the barbaric violence against Hindus, Christians, and other minorities who are getting attacked and looted by mobs in Bangladesh, which remains in a total state of chaos,” Trump said in a post on Truth Social.
This is for the first time that Trump has spoken on the issue of Bangladesh. Hundreds of Hindus were killed in July-August in Bangladesh when a students’ agitation turned into massive protests leading to then prime minister Sheikh Hasina to flee the country on August 5.
“It would have never happened on my watch. Kamala and Joe have ignored Hindus across the world and in America. They have been a disaster from Israel to Ukraine to our own Southern Border, but we will Make America Strong Again and bring back Peace through Strength,” he said.
“We will also protect Hindu Americans against the anti-religion agenda of the radical left. We will fight for your freedom. Under my administration, we will also strengthen our great partnership with India and my good friend, Prime Minister Modi,” Trump said.
“Kamala Harris will destroy your small businesses with more regulations and higher taxes. By contrast, I cut taxes, cut regulations, unleashed American energy, and built the greatest economy in history. We will do it again, bigger and better than ever before and we will Make America Great Again,” he said.
“Also, Happy Diwali to All. I hope the Festival of Lights leads to the Victory of Good over Evil,” said the former president, who is in a close fight with Harris for the November 5 presidential elections.