Supreme Court likens PMLA cases to misuse of s.498A IPC, questions ED's conduct
New Delhi: The Supreme Court on Monday drew parallels between frivolous cases under the Prevention of Money Laundering Act (PMLA) and false charges of cruelty under s.498A of the Indian Penal Code (IPC). A Bench comprising Justices Abhay S Oka and Augustine George Masih remarked that it might have to start quashing such money laundering cases if the Act continues to be misused.
The Court's remarks came during the hearing of a plea filed by retired IAS officer Anil Tuteja, challenging the Chhattisgarh High Court's refusal to quash charges against him under the Prevention of Corruption Act and PMLA in connection with the Chhattisgarh Liquor Policy scam. The High Court had earlier rejected Tuteja's plea in August, and the Supreme Court had issued notice on September 10.
Justice Oka criticised the Enforcement Directorate (ED) for its handling of the case, particularly the issuance of summons. The Court expressed concern over the timing of the summons and the manner in which ED officers conducted the investigation, including interrogating the accused overnight. The Court questioned the urgency shown by the ED and demanded clarification on the procedure followed.
Additional Solicitor General (ASG) SV Raju, representing the ED, was asked to file a better affidavit explaining the conduct of the agency's officers. The Court warned that it may record adverse observations if the agency's actions were found improper. The case is scheduled for final disposal on November 5.
Earlier this year, the Supreme Court had quashed a money laundering case against Tuteja related to the liquor policy scam, citing the absence of a predicate offence.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
UP man gets life term for electrocuting mentally challenged wife to death in Bareilly
Bareilly (UP) (PTI): A local court here has sentenced a man to life imprisonment for murdering his mentally challenged wife by repeatedly electrocuting her while she was tied to a cot, lawyers said on Thursday.
Additional district government counsel Harendra Singh Rathore said Additional Sessions Judge Avinash Kumar Singh on Wednesday convicted Vinod Kumar (45) for killing his wife, Satyavati, in Chaina village of Bareilly district and imposed a fine of Rs 15,000 on him.
According to the prosecution, he was allegedly frustrated with his wife Satyavati's mental illness and often assaulted her.
Rathore said the prosecution examined nine witnesses to establish the charges against him.
As per court records, on the night of May 1-2, 2022, when Satyavati was asleep, Vinod tied her hands and legs to a cot using ropes and then connected an aluminium cable to an electric board to repeatedly administer electric shocks to her.
"She writhed in pain, but the accused continued to electrocute her until she died," the prosecution said.
The court observed that the murder was carried out in an inhuman manner.
After committing the crime, the accused threw the rope and cable on the roof and left for work at a brick kiln around 2 am to create a false alibi.
He later tried to mislead the police and the victim's family by claiming that Satyavati, whose mental condition was unstable, had accidentally died by suicide after grabbing a live electric wire.
However, the victim's brother, Sanjeev, a resident of Shahjahanpur district, suspected foul play and lodged an FIR under sections 498A (husband subjecting wife to cruelty) and 302 (murder) of the Indian Penal Code at Nawabganj police station.
During the trial, the prosecution relied on the post-mortem report prepared by Dr Faraz Anwar, who stated that multiple electrocution marks found on different parts of the victim's body could not have been self-inflicted.
The police also recovered the rope and electric wire used in the crime on the accused's identification, officials said.
