SC's PMLA ruling will strengthen ED's investigating power: Ex-ED officer Rajeshwar Singh

Former Enforcement Directorate officer Rajeshwar Singh, now a BJP MLA, Wednesday called the Supreme Courts ruling on various provisions of the anti-money laundering law as landmark, saying it strengthens the investigating power of the federal probe agency.

Former Enforcement Directorate officer Rajeshwar Singh, now a BJP MLA, Wednesday called the Supreme Court's ruling on various provisions of the anti-money laundering law as ''landmark'', saying it strengthens the investigating power of the federal probe agency. He said the law (Prevention of Money Laundering Act) will ''now continue to pursue justice and ensure that the corrupt are jailed and illegally acquired properties continue to be attached (under the PMLA).'' Singh, an MLA from the Sarojini Nagar assembly seat of Lucknow in Uttar Pradesh, opted the Voluntary Retirement Scheme (VRS) from the Enforcement Directorate (ED) early this year to contest the assembly poll.

He had joined the Enforcement Directorate in 2007 on deputation from the Uttar Pradesh Police and worked in the agency for 14 years. ''This is the landmark decision of the Supreme Court which upheld ED's power of arrest, search and attachment under the PMLA,'' he said.

He said the apex court has held that ED can carry out investigations under the PMLA even without an FIR in the predicate offence.

''This has conclusively established that the offence of money laundering under the PMLA is a standalone offence and is independent of the proceedings under the scheduled offences (under different laws),'' he said.

As per the current scheme under the PMLA, the ED can register a criminal case of money laundering after taking cognisance of an FIR or chargesheet filed by any other law enforcement agency.

''The apex court has also held that the officers of the ED are not police officials under CrPC and hence the statements recorded by ED officials under the PMLA are admissible as evidence in the court of law. The strict bail conditions will continue to hound the corrupt and make the administration of justice more significant,'' he said.

The Supreme Court bench said it was not necessary to give ECIR (copy of the complaint) to the accused and that it is sufficient that the accused should be informed about the charges under which he is being arrested, he said.

The court has strengthened the powers of investigation of the ED, Singh said.