‘Unresolved questions in SC judgement on ED’

The Hon’ble Court has left these matters to be decided by a larger bench. This is a matter of some gratification,” he added…reports Asian Lite News

Congress General Secretary Jairam Ramesh said that the apex court’s judgement on the Enforcement Directorate has left many questions unresolved and it is “a matter of gratification” that some issues have been left for a larger bench.

In a statement, he said: “The judgment pronounced by the Hon’ble Supreme Court on the powers of the Enforcement Directorate today will have far reaching implications for our democracy, especially when Governments are anchored in political vendetta.”

The former Union Minister said there is one specific aspect of the judgement he would like to address immediately: he had moved the Supreme Court on the blatant misuse of the Money Bill route by the Modi Government, on the amendments made to the Prevention of Money Laundering Act, 2002. The Supreme Court had issued notice on his petition on July 2nd, 2019, but this question remains unresolved in Wednesday’s judgment.

“However, the Hon’ble Court has agreed that they are conscious of the fact that if that ground of challenge is to be accepted, it may go to the root of the matter and amendments effected vide Finance Act would become unconstitutional or ineffective. The Hon’ble Court has left these matters to be decided by a larger bench. This is a matter of some gratification,” he added.

The Supreme Court on Wednesday upheld the validity of Section 19 of the Prevention of Money Laundering Act (PMLA), which postulates the manner of arrest of a person involved in money laundering, saying that safeguards are provided in the Act and the preconditions to be fulfilled by the authorised officer before effecting arrest, are equally stringent and of higher standard.

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