'ED Can't Act Like A Crook; Must Act Within Corners Of Law' : Supreme Court Judge Flags Low Conviction Rates

The Enforcement Directorate cannot act like a "crook" and has to act "within the four corners of law", said Justice Ujjal Bhuyan of the Supreme Court on Thursday, flagging the low conviction rates in cases under the Prevention of Money Laundering Act.Pointing out that the conviction rates in PMLA cases were below 10%, Justice Bhuyan said that the Court was not only concerned about the liberty of people but also about the image of ED.The bench comprising Justice Surya Kant, Justice Bhuyan and Justice NK Singh was hearing the review petitions against the 2022 judgment in Vijay Madanlal Choudhary case.During the hearing, Additional Solicitor General SV Raju argued that there was no obligation to supply a copy of the ECIR to the accused. The ASG further submitted that the investigators are handicapped because the main accused flee to locations like Cayman's Islands and the investigation hits a roadblock."Crooks have a lot of wherewithal, whereas the poor Investigating Officer doesn't," ASG said.In response, Justice Bhuyan remarked,"You can't act like a crook, you have to act within the 4 corners of the law. I observed in one court proceedings, you have registered about 5000 ECIRs. Conviction is less than 10%...That's why we insist -improve your investigation, witnesses...we are talking about the liberty of people. We are concerned about ED's image also. At the end of 5-6 years of judicial custody, if people are acquitted, who will pay for this."ASG however maintained that there are very few acquittals in PMLA cases. He said that trials in PMLA cases get delayed as influential accused employ a battery of lawyers who file applications after applications at different stages to protract the proceedings. The Union's law officer added that investigators are also "terribly handicapped."Incidentally, another bench of the Supreme Court, led by the Chief Justice of India, also today questioned the conviction rates in ED cases. CJI BR Gavai observed that even if convictions were not secured ultimately, the ED has been "successful" in "sentencing" persons by keeping them in jail without trial for years.Last year, while hearing another case, Justice Bhuyan had pointed out that out of 5000 odd cases registered under PMLA, conviction has been obtained only in 40 cases in ten years.The bench today heard the preliminary objections raised by the ASG who argued that the review petitions were "appeals in disguise". He argued that the petitioners were attempting to seek a rewriting of the Vijay Madanlal Choudhary judgment. A different interpretation or viewpoint of a judgment cannot be an "error apparent on the record" so as to warrant a review. The ASG also stressed that the Supreme Court had issued notice on the review petitions on two limited points. Live updates from the hearing can be followed here.Case Title: Karti P Chidambaram v. The Directorate of Enforcement | RP(Crl) 219/2022 (and connected cases)Related Reports: 'Out Of 5000 PMLA Cases, Only 40 Convictions In 10 Years' : Supreme Court Says ED Must Focus On Quality Prosecution'ED Conviction Rate Is Poor, How Long Accused Can Be Kept Undertrial?': Supreme Court Asks In Ex-WB Minister Partha Chatterjee's Bail PleaSomeday You Must Find Out How Many PMLA Complaints Ended In Trial & Conviction: Supreme Court Tells ED6.42% Conviction Rate In Cases Filed By ED Since 2019 : Union Government Tells Parliament'Why You Being Used For Political Battles?' : Supreme Court Asks ED, Rejects Plea Against Karnataka CM's Wife In MUDA Case'How Can ED Summon Lawyers For Privileged Communications With Clients?There Should Be Guidelines' : Supreme Court

'ED Can't Act Like A Crook; Must Act Within Corners Of Law' : Supreme Court Judge Flags Low Conviction Rates

Debby Jain

"At the end of 5-6 years of judicial custody, if people are acquitted, who will pay for this," Justice Ujjal Bhuyan asked.

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