Bombay High Court tells ED not to harass citizens, imposes Rs 1 lakh penalty
A ‘strong message’ must be sent to law enforcement agencies that they must conduct themselves within the legal framework, the bench said.
The Bombay High Court on Tuesday said that central agencies such as the Enforcement Directorate must stop harassing citizens and conduct themselves within the framework of the law.
Justice Milind Jadhav imposed costs of Rs 1 lakh on the ED for initiating a money-laundering investigation against a real estate developer without adequate supporting material.
“I am compelled to levy exemplary costs because a strong message needs to be sent to the law enforcement agencies like ED that they should conduct themselves within the parameters of law and that they cannot take law into their own hands without application of mind and harass citizens,” Jadhav said.
The judge made the observations while quashing a Mumbai special court’s order from August 2014 that issued a “process” against real estate developer Rakesh Jain. The court under the Prevention of Money Laundering Act passed the order on an application filed before it by the Enforcement Directorate.
On Tuesday, the single-judge bench of the High Court said that by now, it is settled that an offence of money laundering is committed by a person deliberately with the aim to increase gains, disregarding the interest of the nation and society.
“It is seen that conspiracy of money laundering is hatched in secrecy and executed in darkness,” the judge said. “The present case before me is a classic case of oppression in the garb of implementation of PMLA.”
The central law enforcement agency had launched a money-laundering investigation against Jain based on a police complaint filed against him by a property purchaser who alleged cheating and breach of agreement.
Jadhav ruled that no case was made out against Jain and therefore, the charges of money-laundering did not stand.
The High Court, however, stayed its judgement for four weeks to allow the Enforcement Directorate to file an appeal.