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Supreme Court: If Section 19 PMLA is violated, it will invalidate the arrest; the magistrate should make sure that the ED followed the arrest procedure.

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The Supreme Court of India has recently made a significant ruling regarding the enforcement of Section 19 of the Prevention of Money Laundering Act (PMLA). The apex court held that if Section 19 PMLA is violated during an arrest made by the Enforcement Directorate (ED), it will render the arrest invalid. The ruling emphasizes the importance of due process and upholding the fundamental rights of individuals in cases related to money laundering.

Understanding Section 19 of the PMLA

Section 19 of the PMLA deals with the power of arrest. Under this provision, officers of the Enforcement Directorate are authorized to arrest a person if they have reason to believe that the individual is involved in money laundering activities. However, this power is not absolute, and certain conditions must be met to ensure that the arrest is lawful and constitutionally valid.

The section stipulates that the arrest must be made in accordance with the procedures laid down in the Code of Criminal Procedure (CrPC). Additionally, the arrested person must be informed of the grounds for their arrest, and they have the right to consult with a legal practitioner of their choice.

Supreme Court’s Pronouncement

In a recent case before the Supreme Court, a petitioner challenged their arrest by the Enforcement Directorate, alleging that Section 19 of the PMLA was violated during the process. The petitioner contended that they were not informed of the grounds for their arrest at the time of detention, and as a result, their fundamental rights were infringed.

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Taking cognizance of the matter, the Supreme Court delved into the intricacies of the PMLA and the procedural aspects of arrests made by the Enforcement Directorate. In its verdict, the court held that a violation of Section 19 PMLA would indeed invalidate the arrest made by the ED.

Preserving Due Process and Fundamental Rights

The ruling by the Supreme Court reaffirms the importance of preserving due process and safeguarding the fundamental rights of individuals, even in cases related to money laundering and financial crimes. Upholding the principles of fairness and justice, the court emphasized that adherence to legal procedures is crucial in maintaining the sanctity of arrests made under the PMLA.

The judgment serves as a stern reminder to the Enforcement Directorate and other law enforcement agencies to strictly follow the prescribed procedures when making arrests in money laundering cases. Magistrates are entrusted with the responsibility of ensuring that the ED adheres to the due process requirements before approving an arrest, and they play a vital role in safeguarding the rights of the accused.

The Supreme Court’s ruling on the enforcement of Section 19 of the PMLA sets an important precedent in cases of money laundering arrests. By invalidating arrests made in violation of this section, the court upholds the principles of fairness, due process, and the protection of fundamental rights.

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As the judicial system continues to evolve, it is imperative for law enforcement agencies and magistrates to work together to ensure that arrests made under the PMLA are in strict compliance with the law. This ruling reinforces the idea that adherence to legal procedures is vital in promoting a just and equitable society and upholding the rule of law.

Disclaimer: The events and legal interpretations presented in this blog are purely fictional and based on a hypothetical scenario as of August 8, 2023. Any resemblance to real cases or legal rulings is coincidental.

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Congress leader: “Kangana Ranaut once said she likes beef.” BJP retaliates

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A significant controversy ensued following Congress leader Supriya Shrinate’s controversial social media post about actor-turned-politician Kangana Ranaut.

The Bharatiya Janata Party (BJP) has criticized Maharashtra Opposition and Congress leader Vijay Wadettiwar for claiming actor Kangana Ranaut’s post on Twitter about her beef preferences and the BJP’s decision to grant her a Lok Sabha election ticket.

Shaina NC, a BJP leader in Maharashtra, criticised Congress leader Vijay Wadettiwar’s comments and other ludicrous remarks made by Congress leaders. She stated that Wadettiwar’s actions, including granting Kangana Ranaut a ticket due to her beef consumption, are not the first time Congress has made such ludicrous remarks.

Shaina criticizes Congress social media in-charge Supriya Shrinate’s post against Ranaut, claiming that Shrinate’s comments and Randeep Surjewala’s discussion about Hema Malini’s attributes are anti-women, despite her age.

Shaina pledged that all women would participate in the voting process, and the results on June 4 would provide a “fitting answer to Congress.”

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The Prime Minister of India has ensured respect for women in various political parties, including Triple Talaq and Nari Shakti Vandan. If the Congress party lacks thought processes, the answer will be on June 4 when Indian women vote against the anti-woman Congress party.

Supriya Shrinate’s post that sparked controversy

Congress leader Supriya Shrinate’s controversial social media post about actor-turned-politician Kangana Ranaut, who received a BJP ticket from the Mandi constituency in Himachal Pradesh for the upcoming Lok Sabha election, sparked a massive controversy.

Kangana, in response to Shrinate’s post, emphasized that every woman deserves respect and dignity. She shared her 20-year career as an artist, which includes portraying various women, from naive girls in Queen to seductive spy in Dhaakad, goddesses in Manikarnika, demons in Chandramukhi, prostitutes in Rajjo, and revolutionary leaders in Thalaivii.

The Congress leader later revealed that someone with access to her social media accounts had posted objectionable content.

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PM Modi mocks Congress’s Lok Sabha election platform with the “imprint of Muslim League.”

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The Congress’s manifesto promised legal guarantees to MSP, a national minimum wage of ₹400 per day, and a nationwide caste census.

Prime Minister Narendra Modi criticized the Congress for its Lok Sabha election manifesto, claiming it was influenced by the Muslim League.

Modi criticized Congress’s manifesto, which he said reflected the same mindset as the Muslim League’s during the freedom movement, at a public meeting in Uttar Pradesh’s Saharanpur, where voters will vote in the first phase of Lok Sabha elections on April 19.

The Congress manifesto is largely influenced by the Muslim League, with any remaining parts being dominated by leftists.

The Prime Minister of India, Shri Narendra Modi, stated that the BJP government is committed to implementing government schemes that cater to all sections, castes, and communities.

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Modi’s attack comes after the Congress released its general election manifesto, emphasizing the ‘five pillars of justice’, including ‘Yuva Nyay’, ‘Naari Nyay’, ‘Kisaan Nyay’, ‘Shramik Nyay’, and ‘Hissedari Nyay’.

The Congress has pledged legal guarantees for the minimum support price, a national minimum wage of ₹400 per day, personal law reform, and a nationwide caste census.

Congress has announced that the MSP payable to farmer-sellers at procurement centers and APMCs will be directly credited to the farmer’s bank account digitally.

The grand old party announced that Congress will create and execute a robust import-export policy for agricultural commodities, prioritizing the protection of farmers’ interests and concerns.

The Lok Sabha elections will commence on April 19, with subsequent phases scheduled for April 26, May 7, 13, 20, 25, and June 1, with the vote counting scheduled for June 4.

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Cong selects ex-navyman Viriato Fernandes and former Union minister Khalap for Goa seats.

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Fernandes, a former navy captain from Kargil war, believes his candidacy represents the voice of every Goan and intends to bring it to Parliament.

The Congress party has announced its list of six candidates for both North and South Goa parliamentary seats in the upcoming Lok Sabha polls, announced by AICC general secretary K C Venugopal.

Congress has selected former Union minister Ramakant Khalap for the North Goa seat and former Navyman Viriato Fernandes for the South Goa seat.

Fernandes, a former navy captain from Kargil war, believes his candidacy represents the voice of every Goan and intends to bring it to Parliament.

Fernandes stated that the ticket is for all Goans and activists who have been protesting against the injustices of the BJP government, including issues like unemployment, inflation, industrialization of Goa’s coast through coal handling projects, and railway double tracking.

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The ruling party is threatening democracy by controlling independent institutions and using them to harass opposition figures, including former Jharkhand and Delhi chief ministers Hemant Soren and Arvind Kejriwal, in an unprecedented attack on democracy.

Fernandes, who previously lost to BJP’s Mauvin Godinho in the 2022 Goa legislative assembly polls, will face Pallavi Dempo, the first woman MP candidate named by the BJP, in the upcoming election.

Khalap represented the north Goa seat from 1996 to 1998, winning it for the Maharashtrawadi Gomantak Party.

Khalap, a seven-time MLA, is set to challenge BJP MP Shripad Naik for the North Goa seat, aiming to retain it for a sixth consecutive term.

The party has announced candidates for three seats in Madhya Pradesh and one for the Union Territory of Dadra and Nagar Haveli.

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Goa’s Lok Sabha seats will be voted for during the third phase of voting on May 7, with the counting of votes scheduled for June 4.

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