SC Urges ED To Improve Prosecution Quality Amid Low Convictions

The Supreme Court on Wednesday urged the Enforcement Directorate to enhance the quality of its prosecution and evidence in light of the low conviction rates in money laundering cases.

The call for improvement follows a statement made in Parliament, highlighting that out of 5,297 cases filed under the Prevention of Money Laundering Act (PMLA) from 2014 to 2024, only 40 resulted in convictions.

A bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan emphasized the need for scientific investigation and robust evidence. The court was hearing a bail plea from a Chhattisgarh businessman arrested in a case related to illegal coal transportation levies.

The justices criticized the reliance on oral evidence and witness statements, suggesting that the ED should focus on more concrete and scientific methods. Additional Solicitor General S V Raju, representing the ED, argued that statements under section 50 of PMLA are considered evidence, unlike section 161 of the Code of Criminal Procedure.

Justice Datta questioned the basis of the arrest under section 19 of PMLA, prompting discussions about the necessity and grounds for arrest. Senior advocate Mukul Rohatgi, representing the petitioner, referenced a previous Supreme Court ruling involving Delhi Chief Minister Arvind Kejriwal, which emphasized the need for clear reasons and necessity for arrest.

The bench, which had previously granted interim bail to Sunil Kumar Agrawal, confirmed its earlier order.

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