5892 Cases Investigated By ED Since Jan 2015; PMLA Courts Convicted 15 Persons : Minister

The Union Government has submitted that under the Prevention of Money Laundering Act, 2002 ("PMLA"), the PMLA Special Court has convicted 15 persons in 8 conviction orders during the period of over ten years from January 1, 2015, to June 30, 2025.This has been revealed by the Union Minister of State in the Ministry of Finance, Pankaj Chaudhary, in response to the query raised by Trinamool Congress's Rajya Sabha MP Saket Gokhale on July 29. Gokhale had asked for details of cases where charge sheets have not been filed and the trial of the accused hasn't commenced since 2015, including cases in which a closure report has been filed.As per the information provided, the Directorate of Enforcement ("ED") has investigated 5892 cases under the PMLA during this period. Out of these cases, the prosecution complaints have been filed in only 1398 cases, including 353 Supplementary complaints before the PMLA Special Court. Out of the 1398 cases, the charges have only been framed in 300 prosecution complaints, including 66 supplementary complaints by the PMLA Special Court.While the PMLA Special Court has convicted only 15 persons in the last ten years, the ED has filed a closure report in 49 such cases. This means, only 24% cases by ED make it to investigation and out of that, only 5% make it to the trial stage. The Minister's reply : During the period from 01.01.2015 to 30.06.2025, the Directorate of Enforcement has taken up 5892 cases for investigation under the provisions of the Prevention of Money-laundering Act, 2002 (PMLA). In these cases, 1398 Prosecution Complaints (PCs) including 353 Supplementary PCs have been filed before the respective Special Courts under PMLA, 2002. Out of which, so far, the Special Courts have framed charges in 300 Prosecution Complaints including 66 Supplementary PCs. As on 30.06.2025, the PMLA Special Courts have convicted 15 persons in 08 conviction orders in these cases.Out of the cases recorded during the period from 01.01.2015 to 30.06.2025, the Directorate of Enforcement has filed closure report in 49 cases before the Hon'ble Special Court, PMLA.As per last December's information by the Union Government, between January 1, 2019, to October 21, 2024, trials were completed in 654 cases, out of which convictions were only in 42 cases, making the conviction rate 6.42%.The Supreme Court has, time and again has flagged the low rate of conviction in PMLA undertaken by ED. Last year, citing data which says since 2014, 5297 cases have been registered by ED till 2024, but they have only been able to secure a conviction in 40 cases, the Supreme Court remarked that the poor quality of prosecution has resulted in poor conviction statistics.A bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan was hearing a bail petition of Chhattisgarh-based businessman Sunil Kumar Agarwal, who was arrested for the offence of money laundering in relation to coal transportation. Similarly, in another case related to the bail petition of former West Bengal Education Minister Partha Chatterjee in a money laundering case, the Court commented on how ED's conviction rate is "very poor," and asked how long a person can be kept as an undertrial prisoner.Another coordinate bench comprising Justice Abhay S. Oka (now retired) and Justice Ujjal Bhuyan in 2024 asked the ED to someday find out how many cases under PMLA ended with trial and resulted in conviction. In the judgment passed in the Arvind Kejriwal case, the Court had observed that the data on PMLA complaints and arrests "raised a number of questions" and stressed the need to have a uniform policy on arrests.Justice Ujjal, speaking at a book release this year, underscored how Courts have to grant bail following the 'Bail is the Rule and Jail is the Exception'. Because of the abysmal conviction rate in PMLA cases, it cannot be expected that individuals languish in prisons for longer periods without trial, he had said.Click Here To Read The Ministry's Reply

5892 Cases Investigated By ED Since Jan 2015; PMLA Courts Convicted 15 Persons : Minister

Gursimran Kaur Bakshi

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