Low conviction rate in money-laundering cases: Supreme Court asks ED to focus on scientific investigation, quality of prosecution
New Delhi, August 7
“You need to concentrate on the quality of prosecution and evidence. All the cases where you are satisfied that a prima facie case is made out, you need to establish those cases in the court.
“In this case, you are harping on the statements given by some witnesses, affidavits. This kind of oral evidence... this type of oral evidence, tomorrow, God knows that person will stand by it or not. You should do some scientific investigation,” a three-judge Bench led by Justice Surya Kant said.
Additional Solicitor General SV Raju submitted on behalf of the ED that unlike statements recorded under Section 161 Code of the Criminal Procedure Code, statements under Section 50 of the Prevention of Money Laundering Act were treated as evidence.
The top court was hearing a bail application filed by Chhattisgarh businessman Sunil Kumar Agrawal arrested in a money laundering case involving illegal levy on coal transportation. It made the order granting him bail absolute.
On Tuesday, the Union Ministry of Home Affairs informed the Lok Sabha that 5,297 cases were lodged under the Prevention of Money Laundering Act (PMLA) by the ED between 2014 and 2024, while conviction was secured in 40 cases.
The Bench deferred to August 28 the hearing on petitions seeking review of its 2022 verdict upholding the Enforcement Directorate’s powers of arrest, search and seizure under the Prevention of Money Laundering Act after Solicitor General Tushar Mehta sought time on behalf of the ED.
The July 27, 2022 verdict – which came on 242 petitions, including those by Anil Deshmukh, Karti Chidambaram and Mehbooba Mufti, challenging the stringent provisions of the PMLA – has been widely criticised in the media, academia and judicial circles for ignoring concerns regarding civil liberties.
