Skip to main content

'Must Not Harass Citizens': Court Imposes Rs 1 Lakh Cost On Probe Agency ED

The Bombay High Court on Tuesday imposed a cost of Rs 1 lakh on the Enforcement Directorate for initiating a money laundering probe against a realty developer without "proper application of mind", noting central agencies must conduct themselves within framework of law.

While imposing the fine on the ED, a single bench of Justice Milind Jadhav observed that a "strong message" needs to be sent to the law enforcement agencies to ensure citizens are not harassed.

The HC quashed process (summons/notice) issued to a Mumbai-based real estate developer, Rakesh Jain, by a special court in August 2014 based on a prosecution complaint filed by the anti-money laundering agency.

It was "high time that central agencies like the ED stopped taking the law in the own hands and harass citizens", Justice Jadhav maintained.

The ED had launched money laundering probe against Rakesh Jain based on a police complaint lodged against him at the suburban Vile Parle police station by a property purchaser alleging breach of agreement and cheating.

Justice Jadhav, in his ruling, noted no case was made out against Jain and hence even the money laundering charges do not stand.

The HC said the action of the complainant as well as the ED in putting the criminal system into motion against Jain is "clearly malafide and calls for imposition of exemplary costs".

"I am compelled to levy exemplary costs because a strong message needs to be sent to the law enforcement agencies like ED that they should conduct themselves within the parameters of law and that they cannot take law into their own hands without application of mind and harass citizens," Justice Jadhav said.

The court directed the ED to pay the Rs 1 lakh cost to the HC library within four weeks. The bench also imposed a cost of Rs 1 lakh on the original complainant (purchaser) in the case. This cost would be paid to the city-based Kirtikar Law Library.

The HC pointed out that an offence of money laundering is committed by an individual with a deliberate design and a motive to enhance his gains, disregarding the interest of the nation and society as a whole.

"It is seen that conspiracy of money laundering is hatched in secrecy and executed in darkness. The present case before me is a classic case of oppression in the garb of implementation of the PMLA (Prevention of Money Laundering Act)," the judgment noted.

On the request of ED advocate Shriram Shirsat, the HC stayed its judgment for one week so that the agency could file an appeal in the Supreme Court.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



from NDTV News- Special https://ift.tt/hxRHTnD
Labels:

Comments

Post a Comment

Popular posts from this blog

Delhi to Get More EV Charging, Battery Swapping Stations as Cab Aggregators Increase E-Bikes

The NDMC is planning to increase the number of EV charging stations in Lutyens' Delhi and even provide battery swapping facilities at some of these points, a senior official said on Wednesday. With Delhi being among the most polluted capitals in the world, the New Delhi Municipal Council (NDMC) has been making a push for electric vehicles to nudge residents to opt for cleaner vehicle options. There are around 100 electric vehicle (EV) charging stations across the national capital at present and this would be the first time that some of them would have battery swapping facilities, which is quite prominent in Western countries, he said. The official said the aim is to provide easy accessibility to charging stations and to save time by providing swapping facilities. This will give a major push to EVs in the city. Various PSUs, including the Rajasthan Electronics and Instruments Limited (REIL) and the Kerala State Electronics Development Corporation Limited (KELTRON), have approac...
Post a Comment
Read more

After Nitish Kumar's 'Praise', BJP Says Doors Closed For Him

The opposition BJP in Bihar on Thursday said that its doors were "closed" for Chief Minister Nitish Kumar who dumped the saffron party a year ago, stripping it of power in the state. State BJP President Samrat Choudhary made the averment to this effect in reply to queries from journalists about the Janata Dal United leader's address to the convocation ceremony of Mahatma Gandhi Central University at Motihari. Speaking in the presence of President Droupadi Murmu and Governor Rajendra Arlekar, Mr Kumar had freely spoken of the tussle he had with the then Congress government at the Centre for getting a university approved for Motihari, where Mahatma Gandhi had launched the Champaran Satyagraha. Without mentioning Prime Minister Narendra Modi by name, Mr Kumar acknowledged that the project saw the light of the day only after a change of guard "in 2014" as the UPA government "initially refused and after much persuasion agreed in principle but did not move for...
Post a Comment
Read more

In Kareena Kapoor's Workout Video, Little Jeh Steals The Show

Kareena Kapoor has the best “workout buddy” – her little son Jeh. The Internet agrees. The actress, who often shares glimpses of her fitness routines, posted a similar clip on Wednesday. This time, she wasn't the one who grabbed all the attention of her fans. An adorable Jeh stole the show by making a short appearance in Kareena's workout video. He is seen wearing a green tee and grey shorts while trying to climb the aerobic stepper. Kareena Kapoor, who is busy maintaining balance on the bench in the video, tries to hold her son with one hand so that he doesn't fall. Giving her fans a sneak peek into her “mom life,” the actress wrote, “Working out with my best workout buddy (blushing, heart eye, biceps and red heart icons).” She also added the hashtags “mom life,” “midweek balance,” “The Crew” (her next film) and “workout” to her caption. Kareena's workout song, this time, was Guru Randhawa's Moon Rise. Producer Rhea Kapoor, who is working with Kareena Kapoor on T...
Post a Comment
Read more