SC reconstitutes three-judge bench to hear pleas against 2022 verdict upholding ED powers
New Delhi, May 4 (PTI): The Supreme Court has reconstituted a three-judge bench to decide if its 2022 verdict upholding the Enforcement Directorate's powers to arrest and attach property under the Prevention of Money Laundering Act needs reconsideration.
The reconstituted bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N Kotiswar Singh will take up a batch of petitions seeking a review of the 2022 verdict.
The matter is listed for hearing on May 7.
Earlier, a bench of Justice Kant, Justice Bhuyan and Justice CT Ravikumar was hearing the matter.
Justice Ravikumar superannuated on January 5.
On March 6, after the pleas were listed before a two-judge bench, Justice Kant told the lawyers appearing in the matter that it was wrongly listed and assured them that a new three-judge bench would shortly take up the issue.
The top court in July 2022 upheld the Enforcement Directorate's (ED) powers of arrest and attachment of property involved in money laundering, search and seizure under the Prevention of Money Laundering Act (PMLA).
In August that year, the top court agreed to hear pleas seeking review of its verdict and observed that two aspects -- not providing an Enforcement Case Information Report (ECIR) and reversal of the presumption of innocence -- "prima facie" required reconsideration.
Observing it was common the world over that money laundering was a "threat" to the good functioning of a financial system, the apex court upheld the validity of certain provisions of the PMLA, underlining it was not an "ordinary offence".
The top court had said authorities under the 2002 law were "not police officers as such" and the ECIR could not be equated with an FIR under the Code of Criminal Procedure (CrPC).
It had said supply of an ECIR copy in every case to the person concerned was not mandatory and it was enough if the ED, at the time of arrest, disclosed the grounds for it.
The verdict came on a batch of more than 200 petitions filed by individuals and other entities questioning various provisions of the PMLA, a law the opposition often claims is weaponised by the government to harass its political adversaries.
Section 45 of the PMLA, which deals with offences to be cognisable and non-bailable and have twin conditions for bail, is reasonable and does not suffer from the vice of arbitrariness or unreasonableness, the top court had said.
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Cong indulging in anti-national activities, wants illegal immigrants to settle in Assam: PM
Namrup (PTI): Prime Minister Narendra Modi on Sunday launched a scathing attack on the Congress, accusing it of engaging in "anti-national" activities and helping illegal Bangladeshi immigrants to settle in Assam.
The PM, addressing a public rally after unveiling a Rs 10,601-crore fertiliser plant at Namrup in Assam's Dibrugarh district, accused the grand old party of opposing the revision of voter list due to its only aim of grabbing power.
"The Congress is indulging in anti-national activities. They want illegal Bangladeshi immigrants to settle in Assam's forests and land. They only want to strengthen their vote bank, and don't care about the people," he claimed.
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Modi said the opposition party is not concerned about the identity, existence and pride of Assamese people, which the BJP has been trying to protect.
"The Congress is opposing the revision of voter lists as it wants to grab power... They oppose whatever good I try to do... The BJP government will always work to protect the identity, land, pride and existence of Assamese people," Modi asserted.
"Assam must be safeguarded from the poison of Congress' appeasement and vote-bank politics. I assure you all that BJP will stand like a shield to protect Assam's identity and honour," he told thousands of people ahead of the assembly polls.
The Assembly polls to 126 constituencies are likely to take place in March-April next.
Underscoring that BJP governments at the Centre and state are for the poor, tribals, youth and women, Modi said it is working to end decades of violence in Assam and the Northeast.
"Our government has always kept Assam's identity and culture paramount, highlighting symbols of Assamese pride on every platform," he added.
Addressing the rally on the second and final day of his Assam tour, the PM alleged that the Congress has inflicted "so much wrongs" to this country that despite "correcting" those for the last 11 years, a lot of work still remained to bring everything on track.
"When our government awarded Dr Bhupen Hazarika the Bharat Ratna, the Congress openly opposed the decision. Its national president remarked that 'Modi nachne gane walon ko Bharat Ratna de raha hai' (Modi is giving Bharat Ratna to dancers-singers), which is an insult to both Bhupen Da and the people of Assam," Modi asserted.
He said the BJP government's aim is to make Assam as powerful as it was during the Ahom dynasty centuries ago.
"Industrialisation and connectivity are fulfilling Assam's dreams. The double-engine government of the BJP is empowering youth to see new dreams," he added.
Continuing its tirade against the Congress, Modi said even when a semiconductor unit was set up in the state, the opposition party went against it.
"It was the opposition government that for decades denied land rights to the tea community brothers and sisters, whereas the BJP government has given them land rights and a dignified life," he added.
Expressing satisfaction at the presence of a huge number of women at the rally, Modi said: "When my mothers and sisters come in such large numbers, it gives me a special feeling. Many sisters have come with tea gardens' flavour and tea's flavour creates a special feeling inside me."
He also informed the crowd that when Russian President Vladimir Putin visited India recently, Assam's black tea was gifted to the VIP.
"We facilitated the opening of Jan Dhan accounts for 7.5 lakh tea garden workers in Assam. Funds can now be transferred directly to their accounts, ensuring greater transparency and efficiency. The BJP government is also working to improve basic amenities in tea garden regions," the PM said.
Stating that India cannot develop without Northeast's progress, he said everyone is lauding Assam's development momentum nowadays.
"The benefits of development have reached the poor in far-flung areas of the country. Due to our relentless efforts, 25 crore people have been taken out of poverty and a neo-middle class has been created in India," Modi asserted.
The PM pointed out that fresh data has come which symbolises the changes taking place in the country.
"Earlier, among the poorest families in villages, only one in 10 had a bike. Now, nearly half the families in villages own a bike or a car. Mobile phones have reached almost every household and items like refrigerators, once considered a luxury, have now become common and found a place even in village kitchens," he said.
Modi said that the role of eastern and Northeastern India is continuously increasing, and the entire region will become the growth engine of the nation’s development.
"Namrup plant is a significant contribution of the Northeast to the country's fertiliser needs. Projects like this demonstrate that in the coming time, the region will emerge as a major centre of self-reliant India and will remain as Ashtalakshmi in true sense," Modi said.
