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The Hindu
The Hindu
National
Varghese K. George

Foreign hand, domestic rights in PMLA, FCRA judgments

SC ruling on money-laundering 

The Supreme Court of India has upheld the validity of the Prevention of Money Laundering Act (PMLA) that gives sweeping powers to the Enforcement Directorate, leaves the accused with no bail, forces them to self-incriminate, and shifts the burden of proof to the accused. The ED is frequently using PMLA against political opponents of the ruling BJP, but the Court agreed with the government’s reasoning that the Act came out of an international commitment. Justice A.M. Khanwilkar wrote the judgment for the Special Bench that also included Justices Dinesh Maheshwari and C.T. Ravikumar. 

The judiciary is the last resort of the citizen to seek protection from the highhandedness that the executive often displays, and the PMLA has been a strong and ruthless instrument of that power. Occasionally, the apex court shows that resolve, and keeps the hope of democracy alive. On July 11, an SC bench issued fresh guidelines regarding arrest and bail.

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