oppn parties PMLA Court Accuses ED Of Misusing Powers

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PMLA Court Accuses ED Of Misusing Powers

By Sunil Garodia
First publised on 2022-11-10 07:28:50

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

M L Deshpande, the special PMLA court judge who granted bail to arrested Shiv Sena(UBT) leader Sanjay Raut, did not mince words when terming the arrest "ab initio illegal" and prima facie amounting to a 'witch-hunt'. Judge Deshpande categorically said that arresting co-accused Pravin Raut for a "pure civil litigation" and Sanjay Rout for "no reason" was not within the ambit of the exceptional powers of arrest given to the Enforcement Directorate (ED) under the PMLA.

This is a very serious charge against the ED and proves the opposition accusation that the NDA government is misusing central agencies to harass political opponents. The court went on to explain why it used such strong words. First, it said that the prime object of the PMLA was confiscation. The agencies had the power to arrest in exceptional situations but that power was to be used sparingly and with strong reasons. By arresting both Pravin Raut and Sanjay Raut without strong reasons, the ED had abused the power to arrest.

Then, the court said that by not going after the main accused - Rakesh and Sarang Wadhawan, ex-HDIL promoters - and officials of Mhada and other government officials, the ED was trying to create a "fear psyche" in the minds of the then Union agriculture minister (Sharad Pawar) and Maharashtra chief minister (Vilasrao Deshmukh) that they would also be arrested. The court termed the process a witch-hunt.

The court was also concerned that the ED was trying to pass off a civil dispute as money laundering or an economic offence. It said that while the PMLA cast a duty upon courts for crimes committed under the provisions of the Act, judges were also required to be protector of the rights of the accused and innocent persons who are illegally arrested. The ED tried to get the bail cancelled by approaching the Bombay HC which denied an urgent stay order and posted the matter for hearing on Thursday.

While it is no one's case that the Centre must not move against politicians or politically-connected persons for alleged crimes they have committed, it must ensure that Central agencies do not abuse the powers granted to them under various Acts. No witch-hunt must take place and due process must be followed along with all procedures as mandated by law. Also, exceptional powers to arrest must not be used in cavalier manner just to brow beat opponents. 

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