SC increased the power of ED.
SC increased the power of ED.
The Enforcement Directorate (ED) has got more power due to a decision of the Supreme Court. The double bench of the Supreme Court has said in its new decision that taking bribe is an offense under Money Laundering. In these cases ED can take action under PMLA. In such cases, action is taken against the public servant under Section 7 of the Prevention of Corruption Act, 1988 before the Supreme Court decides.
In fact, the Supreme Court was hearing the case filed against DMK MLA and Tamil Nadu Minister Senthil Balaji in the corruption case. In this case, the bench of Justice Krishna Murari and Justice V Ramasubramaniam gave this decision. He is accused of taking bribes in recruitments made in the State Transport Corporation between 2011 and 2015. The Supreme Court has also ordered re-investigation in this matter. Please tell that in this case, the Madras High Court had put a stay on the ED’s investigation against Senthil. After this, the ED challenged the decision of the High Court in the Supreme Court.
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Justice Ramasubramanian said in his judgment that if a public servant accepts a bribe, he commits an offence. During this, he explained the definition of section 3 of money laundering. He said it has three parts. Person, Process of Activity and Product. He said in his decision that there is no doubt about the person and process, but there is a need to understand section 2(1)(U) for the product.
He said that six types of criminal activities of offense have been mentioned in section 3, these are concealment, possession, acquisition, use, projecting as untainted money, claiming as untainted money. The third activity in this is related to achieving anything. If a public servant accepts bribe money, he can be accused under the third activity, so money laundering proceedings can be initiated against him. Along with this, he said that if someone does not keep the bribe money with him, but uses it, then he can also be accused under money laundering, because use is also involved in criminal activities.
