Tue Nov 19 06:55:30 UTC 2024: ## Supreme Court Raises Concerns Over Enforcement Directorate’s Use of PMLA
**New Delhi:** The Supreme Court has expressed serious concerns over the Enforcement Directorate’s (ED) use of the Prevention of Money Laundering Act (PMLA), questioning the low conviction rate in cases registered under the Act. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made the observation while granting bail to an accused in an ED money laundering case.
The court noted that while the ED has registered approximately 5,000 cases under PMLA in the last 10 years, only around 40 individuals have been convicted. This alarmingly low conviction rate prompted the court to remark that a day may come when it will demand an accounting of how many PMLA arrests have resulted in convictions.
The court’s concerns stem from the PMLA’s provision that requires an accused to prove their innocence once an ED case is registered, potentially leading to prolonged pre-trial detention. This, coupled with the court’s previous observation that the PMLA, along with UAPA and NDPS, are being used as tools for prolonged custody, fuels concerns about misuse. The court’s recent bail order, based on the precedent set by the Senthil Balaji case, further highlights these anxieties.
The Supreme Court has previously emphasized the need for a uniform policy regarding the registration of cases and arrests under PMLA, especially amid allegations that central investigation agencies are being misused against political opponents. The court’s latest observations underscore these concerns and suggest a need for greater transparency and accountability in the ED’s operations.
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