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News18
23-07-2025
- Business
- News18
‘ED Not A Supercop': Madras HC Slams Agency For Overreach, Quashes Rs 901 Crore Freeze Order
The court also rejected ED's reliance on alleged FEMA violations, saying such infractions don't automatically trigger PMLA provisions and can't be used as a 'backdoor' In a sharp rebuke to the Enforcement Directorate (ED), the Madras High Court has quashed the agency's move to freeze Rs 901 crore in fixed deposits of RKM Powergen Private Limited, warning that the agency is 'not a super cop" empowered to investigate everything that comes to its notice. A division bench of Justices MS Ramesh and V Lakshminarayanan ruled that in the absence of a predicate offence, ie a scheduled offence under the Prevention of Money Laundering Act (PMLA), the ED has no jurisdiction to invoke its powers. There must first be a scheduled criminal activity and proceeds arising from such activity. Only then does ED's mandate under PMLA begin, the bench clarified. The judgment comes as the latest twist in the long-running saga surrounding the contentious 2008 allocation of the Fatehpur East coal block, later cancelled by the Supreme Court in 2014 after it was revealed the block lay within a protected forest area. Although the CBI initially registered a case in 2014, it filed a closure report citing lack of evidence. However, a special court in 2017 ordered further investigation. Based on this, the ED had frozen RKMP's accounts in 2015, but that action was already struck down by the high court the same year. Despite the court's 2022 direction restraining further investigation under PMLA due to the absence of a predicate offence, the ED revived its probe after the CBI filed a supplementary chargesheet in 2023. That eventually led to the freezing of RKMP's fixed deposits in early 2025. Rejecting this fresh freeze, the high court found no new material or grounds to justify the ED's action. It pointed out that the agency's seizure memo merely parroted the statute without any application of mind. The court also rejected ED's reliance on alleged violations of FEMA (Foreign Exchange Management Act), saying such infractions don't automatically trigger PMLA provisions and cannot be used as a backdoor for initiating proceedings. Importantly, the bench clarified that even the filing of a chargesheet by the CBI does not automatically justify ED's entry unless it specifically establishes that proceeds of crime stem from a scheduled offence. The court underscored the principle that 'without a predicate offence, the ED simply cannot act". Foreign investments made into RKMP, which ED previously questioned as potential round-tripping, were found to have been made transparently and with full disclosure to the RBI. view comments First Published: July 23, 2025, 14:02 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
19-07-2025
- Business
- Time of India
ED not a ‘loitering munition' or ‘super cop': Madras HC
Madras high court CHENNAI: Enforcement Directorate is not a 'loitering munition or drone' that can strike at will, nor a 'super cop' empowered to investigate every matter that comes to its notice, Madras HC has observed while quashing a Rs 901-crore fixed deposit freeze order issued by the agency. A division bench of Justices MS Ramesh and V Lakshminarayanan ruled that ED's powers under the Prevention of Money Laundering Act (PMLA) can only be invoked when there is a scheduled offence — termed a 'predicate offence' — and the existence of proceeds of crime arising from it. 'PMLA demands the existence of a predicate offence. When there is no predicate offence, initiation of proceedings under PMLA is anonstarter,' the bench said. It likened ED's jurisdiction to a limpet mine requiring a ship to function. 'The ship is the predicate offence and proceeds of crime,' it added. The ruling came in response to a plea by RKM Powergen Pvt Ltd, which challenged ED's January 31 order freezing its fixed deposits. The company, represented by senior advocate B Kumar, said the freeze disregarded earlier court rulings and lacked fresh material. RKMP was allocated the Fatehpur East coal block in 2006. The Supreme Court cancelled the allocation in 2014. CBI initially registered an FIR but closed the case in 2017. Despite this, ED launched a PMLA probe in 2015 and froze RKMP's accounts, which was struck down by Madras HC earlier. Rejecting ED's stand, HC said actions under PMLA must follow legally prescribed route and termed the freeze order 'legally untenable.'
Time of India
02-07-2025
- Politics
- Time of India
‘Disabled people entitled to due representation in elected boards'
Chennai: Madras high court has said persons with disabilities (PwDs)are entitled to due representation in every walk of life, including in the elected boards of statutory bodies such as the Bar Council and Medical Council. "It is only just and proper that apart from finding a place in educational institutions and in employment, disabled persons also find a place in the elected bodies," Justices G R Swaminathan and V Lakshminarayanan said. The court made the observations while clarifying that the high court, though being a constitutional court, cannot issue any writ of mandamus unless the petitioner shows the existence of any legal right. However, the court added that it can certainly nudge the authorities to take appropriate steps in that direction. The issue pertains to a plea moved by advocate B Rameshbabu, pointing out that there was no representation of PwDs in various statutory bodies such as Bar Council of India, National Medical Council, Dental Council of India, and Pharmacy Council of India. The petitioner said despite the mandates for the govt provided under the Rights of Persons with Disabilities Act to identify suitable posts in various govt establishments, no identification and nomination were done by the state. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Nejpohodlnější farmářská hra. Instalace není potřeba Taonga Farm Přehrát nyní Undo Recording the submissions, the bench said, "The Act states that the chief commissioner for persons with disabilities shall promote awareness of the rights of PwDs and safeguards available for their protection." Now that we have brought it to the notice of the authorities that disabled persons have not given due representation, we direct the authorities to undertake appropriate steps in this regard, the court said.
New Indian Express
02-07-2025
- Politics
- New Indian Express
Madras HC directs centre to provide reservation for PwDs in statutory bodies
CHENNAI: The Madras High Court has directed the union government to take steps to provide reservation for persons with disabilities in statutory bodies like the Bar Council of India and the Medical Council of India, on the lines of the 4% quota in education and employment. The court pointed out that the Rights of Persons with Disabilities Act, 2016, provides for 4% reservation in higher education and employment under Sections 32 and 34. Section 33 mandates the government to identify posts suitable for persons with benchmark disabilities, while Section 75 tasks the chief commissioner for persons with disabilities with spreading awareness and ensuring safeguards for the community. A division bench of Justices GR Swaminathan and V Lakshminarayanan, in a recent order, said that while it cannot issue a writ of mandamus unless the petitioner shows the existence of any legal right, it can certainly nudge the authorities to take appropriate steps. The order was passed on a petition filed by B Rameshbabu, an advocate with polio paralysis, seeking directions to the Union Ministry of Social Justice and Empowerment and the chief commissioner for persons with disabilities to provide 4% reservation in the elected posts of the statutory bodies like Bar Council of India, Medical Council of India and Dental Council of India. 'Now that we have brought it to the notice of the respondents the lack of representation of PwDs in elected boards of statutory bodies, we direct them to undertake appropriate steps in this regard,' the court said.
Hindustan Times
01-07-2025
- Politics
- Hindustan Times
Take steps to provide reservation for Persons with Disabilities in statutory bodies: HC
Chennai, The Madras High Court has directed the Union government and the Chief Commissioner for Persons with Disabilities to undertake appropriate steps to provide four per cent reservation for Persons with Disabilities in the elected boards of the statutory bodies such as Bar Council of India and National Medical Council. Take steps to provide reservation for Persons with Disabilities in statutory bodies: HC A division bench comprising Justices G R Swaminathan and V Lakshminarayanan gave the directive in a recent order while disposing of a Public Interest Litigation filed by B Rameshbabu, who is afflicted with polio paralysis. The petitioner sought a direction to the authorities to identify elected representatives to Statutory bodies under Central and State Acts of the disabled person, based upon the petitioner's representation dated March 10, 2025. The bench said the petitioner's grievance was that persons with disabilities were not being represented in statutory bodies such as Bar Council of India, National Medical Council, Dental Council of India and Pharmacy Council of India. Noticing that the Supreme Court of India by its order dated May 6, 2025 directed that women should find due representation in the Executive Committee of the Supreme Court Bar Association, the bench said while the SC in exercise of its power under Article 142 of the Constitution of India has issued such a direction, "the High Court though being a constitutional court cannot issue any writ of mandamus unless the petitioner shows the existence of any legal right." "However, we can certainly nudge the respondents to take appropriate steps in that direction". The bench said the petitioner was justified in his contention that persons with disabilities were entitled to due representation in every walk of life. That was why, the Parliament enacted the Rights of Persons with Disabilities Act, 2016 providing four per cent reservation. Sections 32 and 34 of the said Act provides for reservation in higher education institutions and in positions. Section 33 mandates the Government to identify posts in the establishments which can be held by the respective category of persons with benchmark disabilities, the bench added. The bench said it was only just and proper that apart from finding a place in educational institutions and in employment, persons with disabilities also find a place in the elected bodies. Section 75 of the Act states that the Chief Commissioner for Persons with Disabilities shall promote awareness of the rights of persons with disabilities and the safeguards available for their protection. This article was generated from an automated news agency feed without modifications to text.
