Lagatar24 Desk
New Delhi, Aug 25: On a petition from Congressman Karti Chidambaram asking for a review of the Prevention of Money Laundering Act (PMLA) decision from last month that upheld broad authority for the investigation agency, the Supreme Court today sent the Centre notice.
The top court agreed to revisit the PMLA ruling in two respects: the Enforcement Directorate is not required to give the accused a copy of the case information record (ECIR), and the accused is required to establish his or her innocence while the investigating agency is not required to establish guilt.
These are the two issues prima facie we found need to be considered,” a Supreme Court bench led by Chief Justice NV Ramana said.
When speaking on behalf of the Centre, Solicitor General Tushar Mehta contested the PMLA judgment’s comprehensive review, arguing that only two specific matters should be addressed.
Senior attorney Kapil Sibal, who was representing the petitioner, requested a review of the decision as a whole.
Other expanded powers of the central investigation agency granted by the PMLA that are not being reviewed include the ability to apply the PMLA retroactively, as well as exceptional rights to arrest, seize, and search without a warrant.
The Prevention of Money Laundering Act (PMLA) rules on proceeds of crime, search and seizure, the ability to make arrests, the attachment of property, and bail were all affirmed by the Supreme Court in a significant ruling last month. These provisions had been challenged in court.
The petitioners had then stated that it is illegal to have uncontrolled authority to detain the accused without providing them with the reason for the detention or the available evidence. The top court had rejected the petitioners’ argument that it is similar to an FIR and the accused is entitled to a copy of the ECIR, saying that the provision of an ECIR copy in every case is not required as it is an internal document.
