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PMLA Doesn't Empower ED To Take CRPF's Assistance For Arrest, Its Presence Itself Vitiates Detention Process: Senthil Balaji’s Wife To Madras HC
Upasana Sajeev
26 Jun 2023 5:05 AM GMT
In an additional affidavit filed in support of the habeas corpus petition challenging the arrest of Tamil Nadu Minister V Senthil Balaji by the Enforcement Directorate, his wife Megala has submitted that the Prevention of Money Laundering Act or PMLA does not empower the Enforcement Directorate to seek the assistance of the CRPF nor it is within the duties enumerated for the CRPF....
In an additional affidavit filed in support of the habeas corpus petition challenging the arrest of Tamil Nadu Minister V Senthil Balaji by the Enforcement Directorate, his wife Megala has submitted that the Prevention of Money Laundering Act or PMLA does not empower the Enforcement Directorate to seek the assistance of the CRPF nor it is within the duties enumerated for the CRPF.
Megala has contended that the CRPF could only be present in aid to the civil power, as per Entry 2A in List I and Entry 1 in List II of the Seventh Schedule to the Constitution of India. Thus, she contended that the CRPF could not exercise powers in lieu of the state police. She has argued that since there was no request from the state police for CRPF assistance, the presence of CRPF itself vitiates the entire detention procedure.
She also submitted that even alternatively, the presence of CRPF would signal the start of the detention period and the detenu was not produced before the jurisdictional Special Court within 24 hours of his detention which was in violation of Section 19 of the PMLA Act. She also argued that the ED, not being police, could not seek custody of Balaji. She added that a petition for custody is alien to the PMLA 2002 which otherwise empowers the ED under Section 50 to summon any person for investigation.
Order of Sessions Judge Granting Custody Illegal
She has also argued that the order of Judicial custody passed by the Principal Sessions Judge was illegal as the Judge failed to consider the fact that Section 50 of Cr. P.C and Article 22(1) of the Constitution of India were not followed. She submitted that the Sessions Judge had merely accepted the submission made by the Public Prosecutor that SMS and mail service informing the arrest were pressed into service. She reiterated that both fundamental and statutory rights were violated while making the arrest.
She further said that the order granting custody on the grounds that Balaji was not cooperating with the investigation is "factually incorrect" and "mechanically passed".
Annamalai’s Grudge Against Balaji
In her additional affidavit, Megala also submitted that the State president of the Bharatiya Janata Party K Annamalai has always nursed a grudge against Balaji as he perceived him to be a threat to his political arena. She added that Annamalai had been speaking in the media, from way back in 2022, that Balaji will be proceeded against by the central law enforcement agencies.
