Eminent Senior Counsels Express Concerns Over ED’s Powers

Senior Counsels Harish Salve and Mukul Rohatgi have recently raised significant concerns regarding the extensive powers of the ED and have appealed to the Supreme Court to curtail its authority.

Representing the promoters of M3M India Ltd, Basant Bansal, and Pankaj Bansal, Mr. Salve vehemently opposed their arrest and cautioned that the unchecked powers of the ED could jeopardize individuals’ liberty in the country.

During a hearing before Justice A.S. Bopanna and Justice M.M. Sundresh, Mr. Salve emphasized the need to rein in the ED’s sweeping powers, stating, “If Lordships do not rein them in, no one is safe in this country.” He further criticized the manner in which the arrest was carried out, arguing that it violated the rights of his clients. Mr. Salve highlighted the extended duration of their detention, stressing the urgency to rein in these powers. The Bansal brothers have been in custody for nearly 14 days.

The arrest of Basant Bansal and Pankaj Bansal by the ED on June 14, 2023, is connected to a case involving allegations of judicial bribery. The investigation was initiated based on a first information report (FIR) filed by the anti-corruption bureau (ACB) in Panchkula, Haryana. The FIR alleged that Sudhir Parmer, a Special Judge for CBI and ED cases, showed favoritism towards Roop Kumar Bansal, Basant Bansal, and Lalit Goyal, the owners of M3M and IREO Group, respectively, in pending criminal cases against them.

The ED claimed to have gathered substantial incriminating evidence, including bank statements and a money trail, to support the allegations in the FIR before making the arrests.

In a related development, the ED also arrested Lalit Goyal, the owner of IREO Group, on Tuesday in connection with a case under the Prevention of Money Laundering Act (PMLA) related to the alleged bribery of a CBI/ED judge.

Following the registration of the ACB case, the Punjab and Haryana High Court suspended Sudhir Parmer from his position as a judge.

The Supreme Court, after noting that the Bansal brothers intended to seek anticipatory bail from the Punjab and Haryana High Court, disposed of their petitions. The matter highlighted the necessity for a careful examination of the ED’s powers and their potential impact on individual freedoms.