ED | SabrangIndia News Related to Human Rights Fri, 22 Mar 2024 10:42:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png ED | SabrangIndia 32 32 Mumbai: AAP protestors experience extreme police brutality, allege arbitrary detentions https://sabrangindia.in/mumbai-aap-protestors-experience-extreme-police-brutality-allege-arbitrary-detentions/ Fri, 22 Mar 2024 10:42:35 +0000 https://sabrangindia.in/?p=34041 AAP leaders and volunteers had been protesting against the “illegal” arrest of Delhi CM and AAP leader Arvind Kejriwal outside the ED Mumbai office late nigh Thursday, March 21

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]]> Soon after Aam Aadmi Party (AAP) leader and Delhi Chief Minister Arvind Kejriwal being arrested by the Enforcement Directorate (ED) on the evening of March 21, AAP party members and supporters took to the streets to protest against the actions of the central agency. Kejriwal was arrested by ED came hours after the Delhi High Court had refused to provide him with interim protection against any coercive actions to be undertaken by ED. Notably, ED has been investigating corruption allegations in a liquor policy implemented by Kejriwal’s government in 2022 and has arrested the top leader weeks before the 2024 General Elections. It has been alleged by the central agency that the liquor policy allegedly gave undue advantages to private retailers. Kejriwal is the most recent minister to be arrested in the case, with former deputy chief minister, Manish Sisodia, and former ministers Satyendar Jain and Sanjay Singh already in prison.

Equally pertinent to highlight here is, that a few hours prior to Kejriwal’s arrest, the Election Commission of India (ECI) had released the complete electoral bond data with the unique identification numbers on the orders of the Supreme Court. Just one hour prior to the nigh time arrest, independent media had revealed that the Hyderabad based company, namely Aurobindo Pharma Limited, had donated Rs 5 crore to the Bharatiya Janata Party in 2022. Ironically, the company has P Sarath Chandra Reddy as one of its directors, who is one of the accused that was taken into custody by the ED in the Delhi Liquor Policy case. As detailed in the report of Scroll, Reddy was arrested by the ED in the said case on November 10, 2022. Ironically, this man accused and arrested in the Liquor Scam was first arrested and thereafter his company Aurobindo Pharma bought electoral bonds worth Rs 5 crore on November 15. All of them were encashed by the BJP soon after, on November 21, 2022!

It is essential to highlight here that Sarath Reddy’s bail case had come up before the Delhi high court, the Enforcement Directorate did not oppose bail. In May 2023, the court granted him bail on medical grounds. Notably, another Rs 25 crore was donated to the BJP after Reddy turned approver in the Delhi excise policy case. As per the report, Sarath Reddy had turned approver in the Delhi excise policy case in June 2023. In November 2023, Aurobindo Pharma gave another Rs 25 crore to the BJP. Reddy continues to be out after turning approver.

AAP Protests

As news of his arrested emerged, AAP Mumbai announced a protest outside the ED office in Mumbai at 11 pm. The protestors had deemed the said arrest to be “illegal”.

Soon enough, Mumbai police reached the protest site and started detaining those protesting outside the ED office.

It has been claimed by the protesters that extreme brutality was meted out at the protestors at the hands of the Mumbai police. The team of Sabrang India was provided details by AAP Mumbai President, Preeti Menon and Zoru Bhathena, senior AAP Mumbai member and activist, who provided that the protestors were hot and pushed by the Mumbai police during the protest. Bhathena also provided that AAP leader Aslam Merchant was also punched in the nose by an inspector, due to which the leader suffered a severe bleeding.

Sabrang India made every effort to contact both the Azad Maidan and MRA police stations for their reactions on both the detentions and the allegations of unprofessional and violent conduct. The Azad Maidan police station representative who refused to identify himself declined giving any information except to say that the AAP leaders and activists were not detained there. The MRA police station representative did speak to Sabrang India, admitted that detentions took place in this jurisdiction and answered in the affirmative when we asked whether they were produced before the jurisdictional Court. He however declined from identifying himself and said he had “no information on the violent ill-treatment meted out at the MRA police station.”

The ‘X’ (formerly Twitter) account of AAP Mumbai also provided a video of Mumbai President Preeti Sharma Menon, Working President Ruben Mascarenhas and other leaders including Deepaq Silan being arrested by the Mumbai police and being stuffed in a police van.

Many others were arrested.

Details provided by the AAP Mumbai team stated that one of the Mumbai cops present in civil clothes, namely Vishal Kasar, allegedly even threw Menon on the floor. As provided by him, the said cop had a clear smell of alcohol on his breath. A video of the officer allegedly shoving Memon was shared on social media through the AAP Mumbai account.

Statement of AAP Mumbai President Menon is as follows:

The team of Sabrang India was further appraised that after the detention, the protestors were shifted from police station to police station, and were finally made to sit in the Azad Maidan police station. The protestors were allegedly without any light and fans, without chairs, without toilets, without even a durrie to sit on. When the detained protestors demanded to be allowed to sit on the benches, the Mumbai police officers hit and shove them.

On the ‘X’ account of AAP Mumbai, an update of the protestors sitting at the Azad Maidan police station at 1:40 am without any charges being filed against them was put up.

Later, the detained protestors were taken to St George’s hospital for medical examination. The doctors who were conducting their check-up wrote their Blood Pressure without actually checking the same. When objections were raised by the protestors, a woman constable allegedly tore up the evidence.

Many of the AAP leaders and volunteers detained, which included women, in Mumbai remained in detention overnight. As provided by Bhathena, ten AAP leaders, namely Pius Verghese, Ruben Mascarenhas, Manu Pillai, Suresh Acharya, Aditya Paul, Sajid Khan Waheed Khan, Sundar Padmukh, Atanyu Mukherjee, Sudhesh Patel, were still in detention at MRA Marg Police Station at the time of publishing this story. They were to be taken to Mazgaon Court on March 22.

The AAP leaders protesting the arrest of CM Kejriwal in Delhi also met with a similar fate. As per multiple reports, AAP workers and locals had gathered at Delhi’s ITO to protest. Senior leader Atishi and Saurabh Bharadwaj were also detained.

AAP workers protesting in Chandigarh were also detained.

AAP workers protesting in Lucknow were also detained.

 

Related:

Withdraw “politically motivated” summons, need to campaign for state elections: Arvind Kejriwal

Delhi HC: ED does not have the power to arrest on their “whims and fancies”

From a former CM to a symbol of Adivasi resistance: Hemant Soren’s statement in Jharkand Assembly

 

 

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]]> Rajasthan High Court: ED summons against Congress candidate in the midst of electioneering, quashed https://sabrangindia.in/rajasthan-high-court-ed-summons-against-congress-candidate-in-the-midst-of-electioneering-quashed/ Fri, 24 Nov 2023 11:46:43 +0000 https://sabrangindia.in/?p=31314 Justice Farjand Ali, in his judgement, stated that the petitioner’s right to contest in an election encompasses the right to canvass as well and no adverse impact would be caused to the Enforcement Directorate proceedings if the summons is deferred by seven days.

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]]> On Wednesday, November 22, the Rajasthan High Court quashed the summons issued by the Directorate of Enforcement (ED) to a Congress candidate Mewa Ram Jain in the midst of an election campaign. It was Justice Farjand Ali held that the petitioner’s right to contest in an election encompasses the right to canvass as well and no adverse impact would be caused to the ED proceedings if the summons is deferred for a period of seven days.

Mewa Ram Jain is a candidate in the upcoming state legislative assembly elections, the polling for which is to be held on November 25. The ED issued the summons to him on November 20, asking him to appear before it in person on November 22, that is three days before the polls.

In his defence, Jain, in his petition. argued that he was elbow-deep in election campaigning and it would be onerous for him to leave campaigning midway merely to attend the call from the ED.

Jain also contended that it was not discernible from the notice for what purpose his presence was required. It was not even clear whether he had been summoned as a witness or as an accused.

Holding the timing of the summons both inappropriate and questionable, Justice Ali noted that at the least, the petitioner had a right to know the nature of the accusation against him if he was an accused

Further, Justice Ali continued that if Jain had been summoned to depose a statement before the authorities, then he had a right to know for what purposes and in what matter his presence would be required so as to enable him to collect the requisite material in order to leave Barmer only to satisfy the summons of the respondent.

Justice Ali thereafter proceeded to quash the summons while granting liberty to the ED to issue a fresh notice with better particulars for any date after December 3 as by that time the counting for the election would have been completed.

Related:

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Man allowed to change his name in service register after gender affirmation surgery: Rajasthan HC

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]]> Delhi HC: ED does not have the power to arrest on their “whims and fancies” https://sabrangindia.in/delhi-hc-ed-does-not-have-the-power-to-arrest-on-their-whims-and-fancies/ Fri, 20 Oct 2023 07:39:18 +0000 https://sabrangindia.in/?p=30477 A single judge bench of the HC limited power of arrest that the Enforcement Directorate has under Section 50 of the PMLA and re-iterated the three-fold conditions that the ED has to comply with to exercise their power of arrest

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]]> On October 19, the Delhi High Court clarified the powers that the Enforcement Directorate have under Section 50 of the Prevention of Money Laundering Act (PMLA). As provided by the single-judge bench of Justice Anup Jairam Bhambhani, the power of the ED to issue summons under the aforementioned section does not include the power to arrest a person. In the order of the court, the bench stated that the power to arrest is “conspicuously absent” in section 50 of the PMLA.

“The power under section 50 of the PMLA to issue summons to a person and to require the production of documents and record statements, which is akin to the powers of a civil court, is different and distinct from the power under section 19 to arrest a person,” the judgment stated in Para 27.

The case under consideration:

The aforementioned observations were made by the High Court while dismissing a plea moved by one Ashish Mittal seeking quashing of an ECIR (Enforcement Case Information Report) registered by ED in 2020 in relation to the affairs of a company named Educomp Solutions. Mittal had also sought stay of all the proceedings emanating from the said ECIR. This was after Mittal was issued summons requiring him to appear before ED on August 21. It was his case that he had a strong apprehension that he will be “illegally detained or arrested and will be made a scapegoat”. He submitted that he was not supplies with a copy of the ECIR.

Observations made by the court in the judgment:

In para 23 of the judgment, the Court has provided that Section 50 of the PMLA only confers upon ED the powers of the civil court. The judgment states: “Section 50 of the PMLA confers upon specified officers of the ED, the powers vested in a civil court trying a suit; including the power to enforce the attendance of any person for recording statements on oath, with a mandate that any person so summonsed shall be bound to attend, to answer and make statements truthfully; to compel discovery, inspection and production of documents and records; and to impound and retain records, by giving reasons in writing.”

The Court then elucidates that the power of ED to arrest someone falls under a different section of the PMLA.

The judgment states that “Though section 19 of the PMLA empowers designated officers of the ED to arrest any person, subject to satisfying the conditions mentioned in that provision, it is clear that the power to arrest does not reside in section 50 nor does it arise as a natural corollary of summons issued under section 50.” (Para 25)

The court also emphasized the different powers that flow from Section 19 and Section 50 of the PMLA.

The judgment states: “The power under section 50 of the PMLA to issue summons to a person and to require the production of documents and record statements, which is akin to the powers of a civil court, is different and distinct from the power under section 19 to arrest a person. These are two separate and distinct provisions.” (Para 27)

The court added that the court cannot restrain the ED from exercising its power to issue summons under one section on the apprehension that ED may arrest some based on the powers of the ED to do so under another section as that may lead to more cases of resistance to the summons.

“The exercise of the powers under one, cannot be restrained on the apprehension that it could lead to the exercise of powers under the other. If that is permitted, any and every person summonsed [sic] under section 50 of the PMLA, to produce documents or give a statement on oath, could resist such summons expressing mere apprehension that he may face arrest at the hands of the ED, in exercise of the powers under section 19 of the PMLA,” the court stated in the judgment in Para 27.

On the issue of quashing of the ECIR raised by the petitioner, the court noted that since the ECIR was not before the court nor was Mittal he was entitled as per law to be given a copy of the same, the court held that there was obviously no way that the grounds on which quashing was sought could be assessed and evaluated.

“Based on the provisions and precedents referred-to above; on a bare perusal of section 50 of the PMLA under which summons have been issued to the petitioner; and the fact that the petitioner is not an accused in the proceeding under the PMLA, this court is not persuaded to agree with the petitioner’s apprehension that he may be subject to coercive measures,” the court said in Para 28 of the judgment.

The court further pointed out that a writ petition using the extraordinary plenary jurisdiction under Article 226 of the Indian Constitution would always be appropriate if it were true that Mittal was without recourse with regard to his complaint.

“This court would hasten to clarify that it is not the purport of the present decision that the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, is per-se barred from entertaining a petition by a person who is not a named accused in a scheduled offence, or in a prosecution compliant arising from an ECIR,” the court said. (Para 45)

Lastly, the Court reiterated in the judgment that the authority to arrest conferred to ED under section 19 of the PMLA is not unrestricted. The authorities do not have the power to arrest on their “whims and fancies”. The court then emphasized the three conditions that the ED must meet in order to legally arrest someone, which is as follows:

  1. “Firstly, the Director must entertain a reasonable belief that the person arrested is guilty of an offence under the PMLA, and not under any other enactment;
  2. Secondly, the reasons for such belief must be recorded in writing; and
  3. Thirdly, such belief must be based on material that is in the Director’s possession.” (Para 41)

The judgment also quoted the recent verdict of the Supreme Court in the case of V. Senthil Balanji v State [W.P.(CRL) 2416/2023] the Supreme Court has expressly held that any non-compliance to the mandate of section 19(1) of the PMLA would vitiate the arrest itself. Notably, through this judgment, the Supreme Court had held that Section 19 requires the ED to inform the accused of the grounds of arrest in a written format.

The High Court, in its current judgment also stated that compliance with section 19(2) “is a solemn function which brooks no exceptions.”

The complete judgment can be read here:

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Related:

Whenever there is a strong executive, there has been a visibly weak judiciary: Justice Dr. S Muralidhar

Supreme Court holds extension of director of ED, SK Mishra, to be “invalid in law”

Madras HC: Legal bar on ED’s detention, split verdict, PMLA case against Senthil Balaji

Strong condemnation after ED questions researcher Navsharan Singh

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]]> Supreme Court holds extension of director of ED, SK Mishra, to be “invalid in law” https://sabrangindia.in/supreme-court-holds-extension-of-director-of-ed-sk-mishra-to-be-invalid-in-law/ Tue, 11 Jul 2023 12:23:55 +0000 https://sabrangindia.in/?p=28389 Invalidating his extensions beyond September 2021, the Bench allowed Mishra to continue his post until July 31 in light of the concerns raised by the Union Government

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]]> On July 11, a three-judge bench of Supreme Court held the extension given to the term of Enforcement Directorate (ED) chief, Sanjay Kumar Mishra, beyond September 8, 2021 as illegal for having violated the mandate of the 2021 Supreme Court judgment in the case of Common Cause (A Registered Society) v. Union of India and others. Previously, in the abovementioned case, a bench of Justices LN Rao and BR Gavai had held SK Mishra should not be given further extension.

“Although the basis of a judgment can be taken away, the legislature cannot annul the specific mandamus that barred further extension…That would amount to sitting in appeal over judicial act”, Justice Gavai stated while pronouncing the operative parts of the judgment, as reported by LiveLaw. Therefore, the orders dated November 17, 2021 and November 17, 2022, issued by the Union, granting extension to SK Mishra for a period of one year each, were held to be illegal.

Notably, the Court allowed Mishra to continue in his position until July 31, 2023, despite the fact that the extension of his term was ruled to be “invalid in law”. This was done in light of the Union Government’s concerns regarding the peer review of the Financial Action Task Force (FATF) and a peaceful transfer of power.

A bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol were debating two points at the current hearing: the first concerned the legitimacy of the amendments, and the second concerned the validity of the extensions granted for Mishra’s tenure.

The Court affirmed the amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, allowing the Centre to increase the terms of the heads of the ED and CBI by up to five years. The Court upheld these amendments, opining that there are appropriate protections, noting that the scope of judicial review over legislation is relatively constrained and that the appointments of these officers are determined by a high-level committee. In the public interest and with written justification, high-level officials may be allowed an extension, the Court held, as reported by LiveLaw.

The petitioners in the present case included Congress leaders Jaya Thakur, Randeep Singh Surjewala, Trinamool Congress MP Mahua Moitra, and party spokesperson Saket Gokhale. The bench had reserved its judgment in May after have said that the might revisit its 2021 ruling, which had provided that the tenure of a superannuated officer may be extended only in exceptional circumstances.

In May 2022, when the Solicitor General Tushar Mehta had told the Supreme Court that FATF’s once-in-a-decade peer review of India’s performance in curbing terror financing necessitated Mishra’s extension, Justice Gavai had asked if there was no other person in the “entire organisation competent to discharge these responsibilities.”

“Even if we accepted your argument, what will happen beyond 2023 when Mishra finally retires?” Justice Gavai had further asked, as reported by the Wire.

Background of the Case:

On November 19, 2018, SK Mishra was appointed the ED Director for a fixed period of two years. On November 13, 2020, just days before Mishra’s tenure was supposed to end, the President had modified the previous order retrospectively and changed Mishra’s tenure from two years to three years.

In September 2021, the Supreme Court bench of Justice L. Nageswara Rao upheld the extension, saying that such retroactive revisions are only allowed in the “rarest of rare cases” but that no further extension can be given to Mishra.

The 2021 judgment of the Supreme Court can be read here:

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After the Supreme Court had said that no extensions could be granted to Mishra, the Union government issued a notification paving the way for a second extension for Mishra from November 17, 2021 to November 17, 2022. When Congress leader Jaya Thakur moved court against this, the government gave him a third extension, till November 18, 2023.

Meanwhile, the government promulgated an ordinance last year under which the tenure of ED and CBI chiefs could be extended by up to three years after the mandated term of two years.

Related:

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Madras HC: Legal bar on ED’s detention, split verdict, PMLA case against Senthil Balaji

Strong condemnation after ED questions researcher Navsharan Singh

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]]> Madras HC: Legal bar on ED’s detention, split verdict, PMLA case against Senthil Balaji https://sabrangindia.in/madras-hc-legal-bar-on-eds-detention-split-verdict-pmla-case-against-senthil-balaji/ Thu, 06 Jul 2023 04:44:10 +0000 https://sabrangindia.in/?p=28224 Justice Banu holds the ED to have crossed legal limits; is it time to bring the powerful central agency, an alleged tool of the union, under scrutiny?

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]]> On July 4, the Madras High Court bench comprising of Justices D. Bharatha Chakravarthy and J. Nisha Banu delivered a split verdict in the Habeas Corpus plea filed by S Megala, wife of Tamil Nadu Minister V. Senthil Balaji, against his arrest by the Enforcement Directorate (ED) on June 14.

While the two judges may have agreed on the aspect of maintainability, they had differed on the issue of the powers of the ED to seek custody and the legality of the minister’s arrest.

The ED had arrested Balaji in a case based on accusations for money laundering associated with the cash-for-jobs scam that he was allegedly involved during his tenure as the Transport Minister between 2011 and 2016.

While delivering the judgment, Justice J. Nisha Banu of the division bench had made some crucial observations regarding the issue of the powers of the ED to seek custody of an arrested person. Justice Banu had held that the Habeas Corpus petition was maintainable since the order of custody passed by the Principal Session Judge was without jurisdiction and authority, and therefore, illegal. She had further observed that since the ED officers do not have the powers of a Station House Officer under the Prevention of Money Laundering Act (PMLA), they could not have moved for custody of the Minister.

“Under the present scheme, the officers empowered to arrest under Sec 19 of PMLA, 2002, are required to produce the accused to the competent court within 24 hours of arrest and seek only judicial remand and the same may be ordered by the judicial magistrate under the extant provisions of the Act. In effect, ED cannot hold custody of any person beyond the first 24 hrs of arrest,” said Justice Banu, as provided by LiveLaw.

Power of ED to seek custody of the persons arrested:

Following are the observations made by Justice Banu in her verdict regarding the powers of the ED, it’s the misuse and bypass of law:

On the question of ED’s powers to seek police custody, Justice Banu observed that since the officers under the PMLA are not given powers of a police officer, they could not seek police custody. She emphasised that the officers empowered to make arrest under Section 19 of the PMLA are primarily required to produce the accused to the competent court within 24 hours of arrest and can only seek judicial remand.

“It is the scheme of the Constitution and the statutes that no person shall be detained beyond 24 hours for any offence under any law passed by the parliament except under a judicial order passed by a competent court. This applies to all investigating agencies including Police officers. Meaning, an accused or suspect will be available for custodial interrogation immediately after arrest for 24 hours for all agencies after which they have to necessarily produce the detenu to a competent court for further orders.” the judge said in her judgment. (Para 8.4)

Justice Banu further opined that though normally CrPC governs the powers of arrest, search and seizure, these powers are entrusted to Officers enforcing the Special Acts like NDPS, Customs, FERA, PMLA etc.

“Usually, the officers who file final report under Sec 173 CrPC after completion of investigation are police officers. The officers under special laws usually file complaint (Private) under Section 200 of CrPC after investigations. However, that alone is not the test to determine whether a particular officer has the powers of a police officer or not though it is the dominant test. The colour and character of the powers entrusted with the officers will determine whether the officers enforcing special enactments can be termed as police officers,” the judge said in her judgment. (Para 8.2)

Furthermore, Justice Banu observed that since custody heavily impinges on the fundamental right of citizens, Section 167 of the CrPC is the lone provision under which it can be awarded. No special act has ever intended to empower officers to seek custody otherwise than through the provisions of Sec 167 CrPC.

“Wherever officers are empowered to conduct investigations, the machinations of CrPC becomes applicable. If any of the above provisions is violated the detention becomes illegal. Thus parliament has consciously maintained a balance between the fundamental right to liberty and the need for restraining persons in conflict with laws and the need for custodial detention to conduct investigations,” Justice Banu stated in the judgment. (Para 8.4)

Justice Banu also provided that it has been indicated in The Central Excise Act, 1944, The CGST Act, 2017 and FERA, 1973 that Section 167 applies to only those officers who enjoy the powers of a station house officer by virtue of them being empowered to act as an officer in charge of a police station under the CrPC and the concerned special acts.

“Similar provisions to empower ED Officers as Station House Officers are not provided under PMLA, 2002. It appears that the Parliament has consciously omitted to confer with the ED Officers acting under PMLA, 2002 the power of a Station House Officer,” Justice Banu stated in the judgment. (Para 8.5)

The judge subsequently added that the decision to not empower ED Officers appears “a conscious bridle considering the sweeping powers granted to the authorities under the Act. Though the offences of Money Laundering is distinct from any or all of the scheduled offences under PMLA, 2002, there is a bar on the ED officials to suo-moto file ECIR for the offence of money laundering. An FIR or Complaint by a competent authority in a predicate offence is a sine qua non for ED officials to initiate a proceeding under the PMLA,” Justice Banu provided in the judgment. (Para 8.8)

Furthermore, Justice Banu pointed that Chapter IV of PMLA, 2002 obligates the Banking Companies, Financial Institutions and intermediaries that are normally touted as the routes to integrate laundered money back into the system to provide information to the Enforcement Directorate officials in the format so desired and keep records.

“It is a sweeping power that can help identify the trails of the proceeds of crime and the trails of the laundered money to confiscate property that are proceeds of crime so also to complete substantial meaningful investigations. It was observed by the Hon’ble Supreme Court in the case of Vijay Madanlal Choudhary & Ors vs UOI & ors the proceeding under PMLA, 2002 is more in the nature of inquiry proceedings and not investigations. The collection of evidences to track the POC and money laundering trail are predominantly documentary in nature. Therefore, it appears that the Parliament in its wisdom did not see the need for custodial interrogation for proceedings under PMLA, 2002 beyond the first 24 hours of arrest.” (Para 8.9)

Regarding the maintainability of the Habeas Corpus petition, Justice Banu pointed out that while, on the face of law, it could seem that the said petition cannot be maintained once a legal remand order is issued, the same would rely on the nature of the detention.

Justice Banu drew distinctions between preventive detention and detention for an offence, noting that while in the former, a breach of procedural safeguards is of no consequence following a valid judicial remand, in the latter, a breach of procedural safeguards at the time of arrest will vitiate the proceedings and a writ of habeas corpus would be admissible.

Justice Banu also pointed out that on June 16, the Principal Sessions Judge remanded Balaji to police custody for an eight-day period, despite the fact that on June 15, the High Court had clearly stated in its interim order that he would remain in judicial custody.

Justice Banu thus concluded that the Principal Sessions Judge’s custody order was unconstitutional since it was made without jurisdiction and without legal authority because the ED employees lacked the authority of a police officer to request custody.

“The order fails the test of legality both of law and omission to follow judicial discipline and we have no hesitation to hold that the detention at the time of hearing the Habeas Corpus Petition is illegal. Accordingly, we hold that Habeas Corpus Petition is maintainable in the facts and circumstances of this case,” she noted in Para 9.9 and Para 9.10 of the judgment.

The judgment can be read here:

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From the verdict pronounced by Justice Banu as well as the reasonings provided in the judgment, it can be said that, in the assessment of this Judge, the ED crossed all  limitations placed on the agency, provided under the PMLA while seeking police custody as they did not have the required entrusted powers.

Notably, the said petition has now been placed by the Chief Justice of Madras High Court SV Gangapurwala before Justice CV Karthikeyan of the Madras High Court.

“Drastic powers given to ED”: Harish Salve to the Supreme Court

On the same day, July 4, Senior Advocate Harish Salve, while appearing on behalf of directors of realty group M3M, told the Supreme Court that the ED has been vested with enormous powers in probing money laundering cases and should be reined in lest it endangers individual liberty.

“These are drastic powers given to the ED. If Lordships do not rein them in, no one is safe in this country. See how the arrest was done. They were cooperating. Arrest was in violation of my rights then surely this Court can… These powers need to be reined in. 14 days they have been inside,” Salve had told a bench of Justices AS Bopanna and MM Sundresh, as provided by the Bar&Bench.

Justice Sundresh, in a lighter vein, had also remarked, “You are right. It is a cat-and-mouse game. They are using the law.”

Herein, the Supreme Court was hearing a batch of pleas, including challenges to a recent Delhi High Court order that had refused to interfere with the arrest of M3M directors, Basant Bansal and Pankaj Bansal in a money-laundering investigation related to a bribery case against a former judge.

 

Need to bring the Enforcement Directorate under scanner?

In the month of May, 2023, more than 500 citizens, rights activists, women’s groups, students and academics had written an open letter condemning the “misuse” of the PMLA and ED against scholars and activists who are raising constitutional issues and accountability from the government.  In the said letter, the following was written, “several women scholars and activists have been summoned repeatedly, made to wait long hours, often interrogated without any woman officer present throughout, asked to furnish documents over and over again, in an Enforcement Directorate investigation”, said a report in the Wire. It was further written that hat the ED should exercise “great responsibility and discernment in the persons and cases where they choose to use the PMLA, and certainly not use it to intimidate opponents, activists and intellectuals.”

The opposition parties have accused the Bharatiya Janata Party (BJP) of misusing federal agencies multiple times over the years. With the general elections coming up in the following year, the opposition has criticised the Bharatiya Janata Party for frequently employing the Enforcement Directorate against its political rivals.

Significantly, the Union government changed money laundering rules even in the month of March, greatly expanding the window through which the ED can examine the financial records of people and organisations. It was determined that the aforementioned action would have broad ramifications because it greatly increased the already expansive range of powers of the central agency.

In September 2021, a report by the Financial Express had provided that 121 political leaders were booked by the ED since the PM Narendra Modi came to power in the year 2014, and out of that number, as many as 115, or 95% of them are opposition party members.

The PMLA law has faced several criticisms, which include non-reporting of grounds of arrest, arrest of persons without ECIR (similar to FIR) copy, strict bail conditions, etc. Even last year, in the month of August, a PMLA Court had referred to the ED as a “vengeful complainant,” and had stated that the ED cannot seek an extension of custody “eccentrically and whimsically.”

Unfortunately, however, by an comprehensive judgement July 27, 2022, the Supreme Court (‘SC’) in the case of Vijay Madanlal Choudhary v. Union of India, upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2022 (‘PMLA’), including Sections 3, 5, 17, 19, 45 and 50.

Related:

Siddique Kappan directed to furnish 2 sureties of Rs 1 lakh each for Bail Proceedings under PMLA

Arrest of Shiv Sena MP, Sanjay Rautt a ‘Witchunt’ & ‘Illegal’ says PMLA Court granting him bail in Money Laundering case

Women, Sick & Infirm may get bail under PMLA: Delhi HC

ED a ‘vengeful complainant’: Mumbai PMLA court

Strong condemnation after ED questions researcher Navsharan Singh

The post Madras HC: Legal bar on ED’s detention, split verdict, PMLA case against Senthil Balaji appeared first on SabrangIndia.

]]> ED a ‘vengeful complainant’: Mumbai PMLA court https://sabrangindia.in/ed-vengeful-complainant-mumbai-pmla-court/ Thu, 25 Aug 2022 04:28:20 +0000 http://localhost/sabrangv4/2022/08/25/ed-vengeful-complainant-mumbai-pmla-court/ The PMLA court refers to the ED as a "vengeful complainant".

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]]> ED

A special PMLA court in Mumbai slammed the Enforcement Directorate (ED) following the Supreme Court’s order that allowed the body to withhold information pertaining to the grounds of arrest at the time of detaining an accused in any money laundering case.

After SC said it was not mandatory for the Enforcement Directorate (ED) officers to disclose the grounds of arrest at the time of detaining an accused in a money laundering case. The law has faced several criticisms, which include non-reporting of grounds of arrest, arrest of persons without ECIR (similar to FIR) copy, strict bail conditions, etc.

According to the Live Law tweet, the PMLA court refers to the ED as a “vengeful complainant.” The ED cannot seek an extension of custody “eccentrically and whimsically.”

The PMLA court refers to the ED as a “vengeful complainant”.

“This court strongly believes that it cannot join hands with a spiteful complainant like ED to humiliate accused persons by continuing their judicial custody, especially in defiance of contemporary law of the land,” the special Mumbai court commented on the ruling.

 

Courtesy: The Daily Siasat

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]]> नोटबंदी के बाद अमित शाह से जुड़े सहकारी बैंक पर ईडी का छापा https://sabrangindia.in/naotabandai-kae-baada-amaita-saaha-sae-jaudae-sahakaarai-baainka-para-idai-kaa-chaapaa/ Fri, 23 Dec 2016 07:11:04 +0000 http://localhost/sabrangv4/2016/12/23/naotabandai-kae-baada-amaita-saaha-sae-jaudae-sahakaarai-baainka-para-idai-kaa-chaapaa/  नोटबंदी के तीन दिन बाद ही अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव बैंक में 500 करोड़ जमा करने की खबर के बाद ईडी ने इस पर छापा मारा था। बीजेपी के राष्ट्रीय अध्यक्ष अमित शाह इस बैंक के निदेशकों में शामिल हैं।   नोटबंदी के ऐलान के चंद घंटों के बाद ही आश्रम रोड के अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव […]

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]]>  नोटबंदी के तीन दिन बाद ही अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव बैंक में 500 करोड़ जमा करने की खबर के बाद ईडी ने इस पर छापा मारा था। बीजेपी के राष्ट्रीय अध्यक्ष अमित शाह इस बैंक के निदेशकों में शामिल हैं।

 
नोटबंदी के ऐलान के चंद घंटों के बाद ही आश्रम रोड के अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव बैंक में 500 करोड़ की बड़ी रकम जमा करने की खबर मिली। इस बैंक के डायरेक्टर बीजेपी के अध्यक्ष अमित शाह हैं। 19 दिसंबर को ईडी और इनकम टैक्स अफसरों ने इस बैंक में छह घंटे तक छापेमारी की कार्रवाई की। यह इस बैंक पर दूसरी कार्रवाई है।
 

कहा जा रहा है कि नोटबंदी के तीन दिन बाद ही यानी 8 से 12  दिसंबर, 2016  को एक को-ऑपरेटिव बैंक में 500 करोड़ रुपये जमा किए गए। बीजेपी के अध्यक्ष अमित शाह इस बैंक के निदेशकों में एक हैं। अब ईडी और आयकर विभाग के अधिकारी इस मामले की जांच कर रहे हैं। यह बैंक अहमदाबाद आश्रम रोड पर स्थित है। हालांकि इस छापेमारी के बारे में मीडिया में चुप्पी रही। या कहिये कि इस खबर को ब्लैक आउट कर दिया गया। मीडिया में तमिलनाडु के मुख्य सचिव पी रामा मोहन रेड्डी और जे शेखर रेड्डी के यहां छापेमारी की तो खूब चर्चा हुई लेकिन उस को-ऑपरेटिव बैंक में छापे को मीडिया में दबा दिया गया, जिसके निदेशक अमित शाह हैं।  


 
बुधवार यानी 21 दिसंबर को आयकर अधिकारियों ने चेन्नई के पॉश इलाके अन्नानगर में तमिलनाडु ‌ के मुख्य सचिव के घर से 30 लाख की नकदी और पांच किलो सोना बरामद करने का दावा किया। इसके अलावा उनके और सात अन्य ठिकानों पर छापे मारने का दावा किया गया। आयक विभाग के सूत्रों के मुताबिक मुख्य सचिव के बेटे विवेक राव और आंध्रप्रदेश के चित्तूर और चेन्नई में उनके कुछ  रिश्तेदारों के भी यहां छापे मारे गए। इससे पहले आयकर अधिकारियों ने तमिलनाडु के तीन बिजनेसमैन के यहां छापे मार कर 100 किलो सोना, 96 करोड़ रुपये मूल्य के 500 और 1000 रुपये के पुराने नोट और 34 करोड़ रुपये की नई करेंसी बरामद की। जिन व्यापारियों के यहां छापे मारे गए उनमें से एक जे शेखर रेड्डी भी था, जिसके तमिलनाडु के मुख्य सचिव के बेटे विवेक राव से कारोबारी संबंध बताए जा रहे हैं। जे शेखर रेड्डी को बुधवार को गिरफ्तार कर लिया गया था।
 
लेकिन इन छापों की तुलना में १९ दिसंबर को अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव बैंक में पड़े ईडी और आयकर विभाग के छापे पर मिडिया में कमोबेश चुप्पी छाई रही। सिर्फ आउटलुक हिंदी ने इस खबर को छापी। इस सहकारी बैंक में जो 500  करोड़ रुपये जमा हुए थे, उसका ज्यादातर हिस्सा नोटबंदी के ऐलान की रात ही जमा किया गया था। इस बैंक की १९० शाखाएं हैं। लेकनि इतनी बड़ी रकम सिर्फ आश्रम रोड स्थित बैंक के मुख्यालय में ही जमा की गई। दरअसल 8 नवंबर की रात से बैंक में पैसा आना शुरू हो गया था। इस सहकारी बैंक के ज्यादातर ग्राहक और डिपोजिटर छोटे वेंडर और किसान हैं। आयकर विभाग अब इस बैंक से हासिल सीसीटीवी के विजुअल खंगाल रहा है। गुजरात के दूसरे सहकारी बैंकों में भी इसी तरह के अवैध नोट काफी बड़ी मात्रा में जमा किए गए हैं। सबरंगइंडिया ने अहमदाबाद  डिस्ट्रिक्ट को-ऑपरेटिव बैंक के मैनेजर से बात करने की कोशिश की लेकिन मैनेजर श्री बहेड़िया से बातचीत नहीं हो पाई। बिजली न होने की वजह से बैंक हमारे कॉल ट्रांसफर नहीं कर पाया।
 
इस मामले से जाहिर होता है कि बीजेपी से नजदीकी संबंध रखने वालों ने नोटबंदी के बाद बड़ी मात्रा में अपना पैसा इन सहकारी बैंकों में जमा किया है। गुजरात के १८ सहकारी बैंकों में से १७ का प्रबंधन और प्रशासन बीजेपी के हाथ में है।

गुजरात के एक सहकारी बैंक के पास 200 करोड़ रुपये का डिपोजिट आया। इस बैंक के चेयरमैन गुजरात के एक मंत्री शंकर भाई चौधरी हैं।
 
क्या नोटबंदी एक फरेब है। एक तरफ गुजरात के सहकारी बैंकों का इस्तेमाल बीजेपी के लिए अपने काले धन को ठिकाने लगाने में किया जा रहा है। दूसरी ओर, सरकार केरल और दूसरे राज्यों के सहकारी बैंकों को बरबाद करने में तुली है।

आरबीआई के निर्देश के मुताबिक आयकर विभाग और प्रवर्तन निदेशालय ने गुजरात के संदिग्ध सहकारी बैंकों की छानबीन शुरू कर दी है।
 
अहमदाबाद मिरर के मुताबिक प्रवर्तन निदेशालय ने सोमवार को आश्रम रोड स्थित एक सहकारी बैंक के आश्रम रोड स्थित ब्रांच में सात घंटे तक तलाशी ली और वहां से कुछ दस्तावेज बरामद किए। अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव (एडीसी) बैंक की वेबसाइट में कहा गया है कि इसके निदेशकों में भाजपा के राष्ट्रीय अध्यक्ष अमित शाह भी शामिल हैं। प्रवर्तन निदेशालय के जोनल दफ्तर से जुड़े एक अधिकारी ने 19 तारीख की कार्रवाई की पुष्टि करते हुए बताया कि 500 और 1000 के नोटों को बदलने और उन्हें जमा लेने के रिकार्ड में गड़बड़ी के शक के बाद छानबीन करने का फैसला किया गया। मुख्यालय से आदेश मिलने के बाद छापेमारी की गई।

नोटबंदी के ऐलान के बाद अहमदाबाद डिस्ट्रिक्ट को-ऑपरेटिव बैंक में यह दूसरी छापेमारी थी। बैंक अधिकारियों ने सार्वजनिक तौर पर यह स्वीकार किया कि वे प्रवर्तन निदेशालय के कर्मचारियों से पूरा सहयोग कर रहे हैं। चेयरमैन अजय पटेल ने कहा – प्रवर्तन निदेशालय के कर्मचारी सोमवार को रूटीन चेकिंग के लिए आए थे। वे शाम छह बजे चले गए। हालांकि सूत्रों का कहना था कि बैंक में तलाशी अभियान सात घंटे तक चला। उन्होंने कई दस्तावेजों की जांच की और सीसीटीवी फुटेज खंगाले। गौरतलब है कि नोटबंदी के फैसले के ऐलान में मोदी सरकार ने जिला सहकारी बैंकों में 500 और 1000 नोटों को बदलने और जमा करने पर रोक लगा दी थी। इसके बावजूद गुजरात के सहकारी बैंक इन नोटों को जमा करने और बदलने में कैसे सफल रहे। जबकि देश की आम जनता को बैंकों की लंबी लाइनों में लगना पड़ रहा है।
 
अहमदाबाद के सहकारी बैंक पर पहली छापेमारी की खबर मीडिया में आई थी। पूर्व बीजेपी विधायक यतीन ओझा ने इसके बारे में लोगों को जानकारियां दी थी। वेब पोर्टल और पीएम को लिखी खुली चिट्ठी के जरिये इस मामले के बारे में लोगों को बताया गया था। 18 नवंबर को सबरंगइंडिया ने इस मामले की रिपोर्ट प्रकाशित की थी। सबरंगइंडिया की रिपोर्ट के मुताबिक – यतीन ओझा ने पीएम नरेंद्र मोदी पर देश को मूर्ख बनाने का आरोप लगाया था।

इसके पहले कोलकाता से निकलने वाले माकपा के मुखपत्र गणशक्ति में 8 नवंबर को यह रिपोर्ट छापी गई थी कि किस तरह बीजेपी के नेता पीएम मोदी के नोटबंदी के फैसले से पहले ही 500 और 1000 के नोटों को गैरकानूनी तौर पर बैंकों में जमा किया था। यह बताया गया था कि बीजेपी के एक खाते में किस तरह रहस्यमय तरीके से एक करोड़ रुपये जमा हो गए।

​​​​​​​असली सवाल है कि पश्चिम बंगाल में जो हुआ क्या वह दूसरे राज्यों में भी हुआ। और इससे भी बढ़ कर राष्ट्रीय स्वयंसेवक संघ और भाजपा के दूसरे सहयोगी संगठन का खातों का क्या हुआ।
नोटबंदी का फैसला लागू हुए 43 दिन हो चुके हैं। इस दौरान छोटे और बड़े डिपोजिटरों को बेहद मुश्किलों का सामना करना पड़ा है। मोदी सरकार की ओर से बगैर सोचे-समझे इस फैसले को लागू करने से आम लोगों की दिक्कतों को भारी मुश्किलों का सामना करना पड़ा है।
 
 
 
 

The post नोटबंदी के बाद अमित शाह से जुड़े सहकारी बैंक पर ईडी का छापा appeared first on SabrangIndia.

]]> ED Raids Ahmedabad District Co-operative Bank for 500 Crore Deposit Just After Note Ban: Amit Shah, a Director https://sabrangindia.in/ed-raids-ahmedabad-district-co-operative-bank-500-crore-deposit-just-after-note-ban-amit/ Thu, 22 Dec 2016 06:26:38 +0000 http://localhost/sabrangv4/2016/12/22/ed-raids-ahmedabad-district-co-operative-bank-500-crore-deposit-just-after-note-ban-amit/ The Ashram Road Ahmedabad District Co-operative bank reportedly got a whopping Rs 500 crore deposit, just after the notes ban; the bank has BJP President as Director. ED and IT officials conducted a 6-hour long raid on December 19 Reportedly, three days after the announcement of demonitisation, that is between November 8 and 12, 2016. […]

The post ED Raids Ahmedabad District Co-operative Bank for 500 Crore Deposit Just After Note Ban: Amit Shah, a Director appeared first on SabrangIndia.

]]> The Ashram Road Ahmedabad District Co-operative bank reportedly got a whopping Rs 500 crore deposit, just after the notes ban; the bank has BJP President as Director. ED and IT officials conducted a 6-hour long raid on December 19

Reportedly, three days after the announcement of demonitisation, that is between November 8 and 12, 2016. a co-operative bank of which BJP President Amit Shah is Director has got Rs. 500 crore deposit which is now being investigated by both the Enforcement Directorate (ED) and Income Tax Authorities. The bank is located at Ahmedabad Ashram road.

 
These raids or searches too, unlike say the 24-hour long raids on the home of Tamil Nadu top bureaucrat, chief secretary P Rama Mohana Reddy, have been received with a media silence or can we say black out?

On Wednesday, December 21, Income Tax officials claim to have recovered nearly Rs. 30 lakh in cash and five kilograms of gold during raids at the bureaucrat's official residence in the city's upscale Anna Nagar locality and seven other locations, including at homes of his son Vivek Rao and some relatives in Chennai and Chittoor in neighbouring Andhra Pradesh. Earlier this month, taxmen found over 100 kg of gold, Rs. 96 crore in banned 500- and 1,000-rupee notes and Rs. 34 crore in new currency notes in raids at the homes of three Tamil Nadu businessmen, one of whom, J Sekhar Reddy, allegedly has business links with the Mr Rao's son. Mr Reddy was arrested on Wednesday.
Compared to this, there has been a relative media silence on the raids conducted by the ED and IT officials at the Ahmedabad District Cooperative Bank on December 19. Outlook Hindi has however carried a story.

A large part of this 500 crore, has been reportedly deposited on the same night of announcement of demonitisation. In all, this bank has 190 branches but the money in such large amount is deposited only in its head office at Ashramam Road. The money has started flowing to the bank just after the demonitisation announcement on the night of November 8.
Small vendors and farmers form the majority depositprs/ customers of the bank. This strengthens the doubt that, form where did such a huge amount of 500 crore was deposited in this bank. The IT Department is also verifying the CCTV visuals from the bank. Various co-operative banks in Gujarat were also piled up with such illegal money deposits. Sabrangindia contacted the bank to speak to Manager of the Bank, Mr Bahedia but due to a power cut, the bank was unable to transfer our calls.

This also indicates that, those who are in close ally with BJP would have deposited huge amounts in co-operative banks after demonitisation. Among eighteen Co-operative banks in Gujarat, seventeen are under the governance of BJP. The Co-operative bank in Gujarat has got deposits of Rs. 200 crore, where the Bank Chairman is a Gujarat Minister ShankarBhai Chaudhri.

Has de-moentization been a ruse, then for the ruling BJP to converting their black money through the co-operative banks in Gujarat, which are directly under their control; while trying to destroy the Co-operative banks in Kerala and other states ?

As directed by RBI, the IT department and the Enforcement Directorate has now begun conducting investigations into the suspect co-operative banks in Gujarat.

According to the Ahmedabad Mirror, the Enforcement Directorate on Monday conducted a seven hour long search at the premises of a district cooperative bank’s branch on Ashram Road and even seized some documents related to their operations, officials said. The official website of Ahmedabad District Co-operative (ADC) Bank, BJP national president Amit Shah is one of its directors. An ED official attached to the zonal office in Gujarat confirmed later on Monday, December 19 confirmed that, “ED had conducted searches at ADC Bank’s head office on Ashram Road.” The raid was conducted based on suspicions of discrepancies in exchange and deposit of old Rs 500 and Rs 1,000 notes following instruction from the head office.

This is the second such search conducted by the ED on the Ahmedabad District Cooperative Bank after the announcement on demonetisation. Bank officials have publicly confirmed the search was conducted and said they are extending full cooperation to the officials. “ED officials visited our bank for a routine check on Monday. They left at 6 pm,” said Chairman, Ajay Patel. Sources however said that the search was conducted over seven hours, following which, the ED officials checked several documents, recipes and even the CCTV footage. After demonetisation was announced last month, the RBI had barred the district central cooperative banks (DCCB) from exchanging and depositing old Rs 1,000 and Rs 500 notes. How then did this bank escape this bar when other cooperative banks have faced tremendous hardships all over the country?
 
The first raid was hardly reported at all by the media though former BJP MLA Yatin Oza had created waves on news web portals with an open letter to the prime minister Narendra Modi claiming that he had video evidence to prove how henchmen close to the ruling BJP had, queued up to deposit large sums at the Ahmedabad District Cooperative Bank. Monday’s raid by the ED and IT seems to bear this out. You Have Fooled the People, Narendrabhai, says ex-Confidante Yatin Oza, showcased by Sabrangindia by November 18.

Earlier, the Ganashakti paper in Kolkatta had exposed how, close to Rs One Crore was deposited, mysteriously in only one account of the Bharatiya Janata Party (BJP) on November 8, 2016, hours before the ‘secret’ decision taken by PM Modi and his cabinet to declare 500 and 1,000 Rs notes illegal.

The question raised then and which still remains is, if this is what happened in West Bengal, what about the party accounts in other states?

And what about the accounts and dealing of parent organisations like the Rashtriya Swayamsevak Sangh (RSS) and it’s affiliates?

Did they also know and benefit from the previous knowledge much like insider trading, which is an offence?

All over the country, small and big depositors have faced tremendous hardships over the past 43 days since the Modi government’s ill-considered move to announce the sudden de-monetization of the Rs 500 and Rs 1000 older notes.
 
 

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]]> 4 बैंकों की मिलीभगत से देश से बाहर भेजे गए 12,357 करोड़ रुपए https://sabrangindia.in/4-baainkaon-kai-mailaibhagata-sae-daesa-sae-baahara-bhaejae-gae-12357-karaoda-raupae/ Fri, 16 Dec 2016 12:29:10 +0000 http://localhost/sabrangv4/2016/12/16/4-baainkaon-kai-mailaibhagata-sae-daesa-sae-baahara-bhaejae-gae-12357-karaoda-raupae/ नई दिल्ली। नोटबंदी के बाद से धीरे-धीरे कुछ बैंकों की पोल खुल रही है। कालेधन को सफेद करने में कुछ बैंकों ने अहम रोल निभाया है। विभिन्न जांच एजेंसियों ने बैकों पर यूं ही छापे नहीं मारे, इनके पीछे काफी मजबूत आधार हैं। ईडी को हाथ लगे आंकड़ों में पता चला है कि जनवरी 2014 […]

The post 4 बैंकों की मिलीभगत से देश से बाहर भेजे गए 12,357 करोड़ रुपए appeared first on SabrangIndia.

]]> नई दिल्ली। नोटबंदी के बाद से धीरे-धीरे कुछ बैंकों की पोल खुल रही है। कालेधन को सफेद करने में कुछ बैंकों ने अहम रोल निभाया है। विभिन्न जांच एजेंसियों ने बैकों पर यूं ही छापे नहीं मारे, इनके पीछे काफी मजबूत आधार हैं। ईडी को हाथ लगे आंकड़ों में पता चला है कि जनवरी 2014 से जून 2016 के बीच 12,357 करोड़ रुपये की बड़ी रकम देश से बाहर भेज गया। हैरान मत होइए, यह आंकड़ा तो सिर्फ चार बैंकों से जुड़े महज पांच मामलों में सामने आया है।

Notes

हालांकि, पैसे किनके हैं और कहां भेजे गए, इस संबंध में अभी विस्तृत जानकारी नहीं मिल पाई है क्योंकि जांच अभी भी चल ही रही है। खबरों के मुताबिक ऑरियंटल बैंक ऑफ कॉमर्स के खिलाफ दो मामले दर्ज हुए हैं जबकि आईसीआईसीआई बैंक, बैंक ऑफ बड़ौदा और इंडसइंड बैंक के खिलाफ भी 1-1 केस रजिस्टर किया गया है।
 
देश से बाहर गए 12,357 करोड़ रुपये में सबसे बड़ी रकम पिछले साल दर्ज बैंक ऑफ बड़ौदा मामले में पाई गई। ईडी को पता चला कि इस बैंक की दिल्ली स्थित एक शाखा में ईडी से 6,000 करोड़ रुपये भारत से बाहर भेजे गए। जांच में यह भी पता चला है कि गुजरात में आईसीआईसीआई बैंक की एक शाखा ने 5,395.75 करोड़ और महाराष्ट्र में ऑरियंटल बैंक ऑफ कॉमर्स की एक शाखा से जुड़े दो मामलों में 56.51 करोड़ जबकि इसी बैंक की उत्तर प्रदेश स्थित एक शाखा से 600 करोड़ रुपये बाहर भेजे गए। इनसे जुड़े मामले क्रमशः 2014 और 2015 में दर्ज किए गए।

ये सारे मामले प्रिवेंशन ऑफ मनी लॉन्ड्रिंग ऐक्ट (पीएमएलए) 2002 के तहत दर्ज किए गए हैं। ऑरियंटल बैंक ऑफ कॉमर्स और बैंक ऑफ बड़ौदा राष्ट्रीयकृत बैंक हैं। डेटा के साथ अटैच ईडी के बयान में कहा गया है, ‘इन मामलों की जांच से पहली नजर में तो यही लगता है कि कुछ मामलों में बैंक अधिकारियों की मिलीभगत है।’
 
किसी खास मामले का जिक्र किए बिना एक अधिकारी ने बताया कि आखिर इस तरह की मिलीभगत कैसे संभव हुई। उन्होंने कहा कि अधिकारियों ने नो-योर-कस्टमर (केवाइसी) के अलावा नॉन-रेजिडेंट ऑर्डिनरी (एनआरओ) अकाउंट्स बनाने से संबंधित नियमों के उल्लंघन में मदद की। यह जांच का विषय है कि ऐसा उन्होंने जानबूझकर किया या फिर अनजाने में। साथ ही, पहचान प्रक्रिया को नजरअंदाज कर खाते खोलने के मामले भी हो सकते हैं।
 
पिछले सप्ताह कई एजेंसियों ने कहा कि बैंकों के काम-काज करने के तरीकों पर उनकी नजर है। आईबी ने कहा कि वह 500 बैंक शाखाओं पर नजर बनाए हुए है जबकि इनकम टैक्स डिपार्टमेंट ने पहली बार बैंकों पर छापेमारी भी की। इधर, रिजर्व बैंक के डिप्टी गवर्नर एस एस मुंद्रा ने भी एक बयान में कहा, 'आरबीआई के निरीक्षक बैंकों के विभिन्न डेटा पॉइंट्स को खंगाल रहे हैं और लेन-देन या काम-काज में कोई गलती की भनक लगते ही जांच शुरू की जाएगी तथा उचित कार्रवाई होगी।'
 
कम लोगो को पता है की मोदी सरकार बनते ही विदेश पैसे भेजने वाले पैसे की सीमा को बढ़ा दिया गया जिससे देश से बाहर कालाधन हवाला के जरिए भेजने मे काफी तेजी आई है।

Courtesy: National Dastak
 

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