New Delhi: In a landmark judgment today, the Supreme Court today upheld the enforcement directorate's (ED) right to arrest under the Prevention of Money Laundering Act (PMLA). The top court said that the process of the arrest of the ED is not arbitrary. It also gave the verdict while hearing petitions challenging the constitutionality of several provisions of the Prevention of Money Laundering Act (PMLA).  

The top court said that it is also not necessary to give ECIR (copy of the complaint) to the accused. It's enough that the accused should be told under what charges he is being arrested. The right to arrest, grant bail, and confiscate of property under the PMLA Act is beyond the purview of the CrPC. Earlier, the petitions filed in the apex court have termed the PMLA Act as unconstitutional, saying its Criminal Procedure Code does not follow the procedure laid down in connection with the investigation and trial of a cognizable offence.  

The petitioners have argued in the Supreme Court that the investigating agencies effectively exercise police powers, so they should be compelled to comply with the CrPC while conducting an inquiry. Since ED is not a police agency, the statements made by the accused to the ED during the course of the investigation can be used in judicial proceedings against the accused, which is against the legal rights of the accused. But, now, the Supreme Court has upheld the authority of the ED under the PMLA Act and dismissed all the petitions. This decision of the Supreme Court is being seen as a big blow to the opposition because under the same law, the ED has arrested Satyendra Jain and Sonia-Rahul is also being questioned by the investigating agency under this.   

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