Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail; Says PMLA Has Stringent Safeguards
Sohini Chowdhury 27 July 2022 https://www.livelaw.in/top-stories/supreme-court-upholds-eds-powers-of-arrest-attachment-search-seizure-and-twin-conditions-for-bail-says-pmla-has-stringent-safegaurds-204915
The Court also held that the ED officials are not "police officials" and hence the statements recorded by them under Section 50 of the Act are not hit by Article 20(3) of the Constitution, which guarantees the fundamental right against self-incrimination. The punishment of fine or arrest for giving false information cannot be construed as a compulsion to give statement. Section 50 procedure is in the nature of an inquiry, not an investigation.
A Bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar pronounced the verdict the case Vijay Madanlal Choudhary v Union of India and 240 connected petitions.
Supreme Court ruling on ED powers will have ‘far-reaching implications’ for our democracy: Congress https://scroll.in/latest/1029202/supreme-court-ruling-on-ed-powers-will-have-far-reaching-implications-for-our-democracy-congress On Wednesday, Congress General Secretary Jairam Ramesh said in a statement that the Supreme Court ruling will have consequences, especially when “governments are anchored in political vendetta”.
Rajasthan Chief Minister Ashok Gehlot expressed his disappointment over the Supreme Court judgement. “A dictatorial atmosphere has prevailed in the country for the last few years and after this decision, the possibility of political misuse of ED by the Centre will increase further,” he wrote on Twitter.
Congress Party briefing by Dr Abhishek M. Singhvi at AICC HQ. https://www.youtube.com/watch?v=Sl490QoVUZM 28 Jul 2022 Congress Party briefing by Dr Abhishek M. Singhvi at AICC HQ.