V. Senthil Balaji vs The Deputy Director
2024:MHC:987
Case Summary
[Fundamental Rights]
[Prevention of Money Laundering]
FACTS
V. Senthil Balaji, a Tamil Nadu politician, was arrested by the Enforcement Directorate (ED) in connection with the Prevention of Money Laundering Act (PMLA) on charges of money laundering in relation to a job scam. The allegation was that Balaji, while serving as a Minister in Tamil Nadu, had accepted bribes in exchange for issuing government job appointments. The Enforcement Directorate conducted an investigation, and he was arrested under the provisions of PMLA for money laundering. Senthil Balaji filed a petition challenging his arrest, questioning whether the provisions of PMLA were properly applied, and whether his constitutional rights were being violated.
LEGAL PROVISIONS
Prevention of Money Laundering Act, 2002 (PMLA) - Sections 3, 19, and 44.
Section 3 defines the offense of money laundering.
Section 19 deals with the power of arrest by the Enforcement Directorate.
Section 44 talks about the trial procedure under PMLA.
Indian Constitution - Articles 21 (Right to Life and Personal Liberty), Article 22 (Protection against arrest and detention in certain cases).
JUDGMENT
The Supreme Court upheld the constitutional validity of provisions under PMLA, particularly concerning the power of arrest by the Enforcement Directorate. It emphasized the necessity for investigative agencies to follow the due process of law and ensure that constitutional safeguards are not violated during arrests. However, the Court also emphasized that the arrest must be made with due application of mind and not arbitrarily, and that judicial review was available to challenge such arrests. The Court concluded that while the provisions of PMLA were lawful, the Enforcement Directorate must adhere to due process to protect individual rights under the Indian Constitution.
VIKAS MEENA
2ND YEAR
UNIVERSITY FIVE YEAR LAW COLLEGE
RAJASTHAN UNIVERSITY
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