ED Can't Take Custody Of PMLA Accused, Sibal Tells SC In Plea Against Senthil Balaji's Arrest

Senior advocate Kapil Sibal said that an accused under the Prevention of Money Laundering Act (PMLA) can't be mandatorily remanded to ED custody for up to 15 days.

However, Solicitor General Tushar Mehta appearing for ED called the arguments "political" and "emotive".

Source : PTI

The Enforcement Directorate (ED) has been abused enough, senior advocate Kapil Sibal appearing for Tamil Nadu Minister Senthil Balaji told the Supreme Court on Thursday. He told the Apex Court that the Opposition parties have been toppled with the help of the central probe agencies.  

According to IANS, a bench of Justices AS Bopanna and MM Sundresh heard the special leave petitions filed by Minister Senthil Balaji and his wife on Thursday. The pleas challenged the decision of the Madras High Court upholding the right of ED to take DMK leader into custody. The HC gave the final verdict after a split verdict by a bench. 

During the hearing, Senior advocate Kapil Sibal said that an accused under the Prevention of Money Laundering Act (PMLA) can't be mandatorily remanded to the custody of ED for up to 15 days. S/he can only be sent to judicial custody, he said, as per a report on ANI. 

Sibal said, "The Prevention of Money Laundering Act (PMLA) has been used and abused enough. But, the more important thing is the future of India in terms of the powers of the Enforcement Directorate, which has come into question."

However, Solicitor General Tushar Mehta appearing for ED called the arguments "political" and "emotive".

On July 14, Madras High Court said that it was the right of ED to arrest Senthil Balaji. The third judge to hear the case, Justice C.V. Karthikeyan of the Madras High Court, ruled that the central agency had the jurisdiction to detain the lawmaker, prompting the minister and his wife to file a petition with the supreme court.

The Chennai principal sessions court also extended the remand of arrested Balaji till August 8. The order was passed on Wednesday as the previous remand ended on July 26. Principal Session Court Judge Alli who extended the remand of Senthil Balaji earlier visited the Minister at Omandurar Medical College.