GS Paper 2
Syllabus: Statutory bodies
Source: TH
Context: The Madras High Court upheld the legality of Tamil Nadu Minister V. Senthilbalaji’s arrest by the Enforcement Directorate (ED) in a money-laundering case linked to a cash-for-jobs scam.
HC observations in the case:
- ED can subject any person accused in a case booked under the Prevention of Money Laundering Act (PMLA) to custodial interrogation
- ED officials are not police officers as per the law laid down by the Supreme Court in Vijay Madanlal Choudhary v. Union of India (2022)
Previously,
In Central Bureau of Investigation v. Anupam J. Kulkarni (1992), the Supreme Court laid down the law that no police custody can be allowed beyond the first 15 days from the date of arrest; any further remand during an investigation can only be in judicial custody.
However, SC (in April this year) said that money laundering is an independent offence; if an arrest is possible then seeking custody for further investigation is permissible. Also, SC has said previously that interim protection granted against CBI action cannot operate against the ED even if the underlying allegations are similar.
What is Custodial interrogation?
It refers to the questioning of a suspect or accused by law enforcement authorities while they are in their custody or under arrest. Under the Indian Constitution and the Indian Penal Code (IPC), custodial interrogation is permissible, but it must be carried out in accordance with the rights and protections granted to individuals under Article 20(3) of the Constitution and Section 161(2) of the IPC, which safeguard against self-incrimination during questioning.
Difference between Police and Judicial Custody:
| Aspect | Police Custody | Judicial Custody |
| Definition | The accused is held in custody under the police’s authority and supervision. | The accused is held in custody under the order of a judicial authority (court). |
| Purpose | Police custody is primarily for investigation and interrogation purposes. | Judicial custody is for the period between trial hearings or during the trial. |
| Duration | In India, police custody generally lasts for a maximum of 15 days, as per the Supreme Court’s ruling. | Judicial custody can last until the conclusion of the trial, depending on the case’s complexity and duration. |
| Role of Magistrate | A magistrate’s approval is not required for police custody. | A magistrate’s approval is necessary to extend judicial custody beyond a certain period. |
| Example | In a murder case, the accused is arrested by the police and taken into police custody for interrogation. | After the police complete their initial investigation, the accused is presented before a magistrate, who remands them to judicial custody until the trial begins. |
Way forward:
While the ED has been given expansive powers under PMLA, there must be a balance between these powers and adherence to constitutional provisions to prevent political misuse.
Insta Links:
Mains Links:
The erosion of institutional autonomy and freedom in the decision-making of organisations like the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) has weakened Indian polity and democracy. Critically analyse. (250 Words)
Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. ( UPSC 2021)
