SC upholds ED's power to search, seize, arrest, attach properties under PMLA

The Supreme Court on Wednesday (July 27) upheld the constitutional validity of certain provisions of the Prevention of Money Laundering Act (PMLA) and said it is not mandatory to give an Enforcement Case Information Report (ECIR) in every case to the person concerned.

It is enough if the Enforcement Directorate (ED) discloses grounds at the time of arrest, said a bench headed by Justice A M Khanwilkar.

Also read: PMLA cases probed by ED have increased over 500% in 3 years: Govt data

In its order, the apex court upheld almost all the strict provisions under the PMLA concerning search, seizure, arrest, attachment of properties and bail.

The top court delivered its verdict on a batch of petitions concerning the interpretation of certain provisions of the PMLA.

The petitioners had alleged that the ED was arresting people without providing them the grounds of arrest or evidence.

Responding to a batch of 241 petitions, the bench said that furnishing ECIR copy in every case was not mandatory as it an internal document of the court, and that it is enough if the ED informs the grounds of arrest at the time of arrest.

“Supply of ECIR to accused is not mandatory and only disclosure of reasons during arrest is enough. Even the ED manual is not to be published since it is an internal document,” the court said.