New Delhi: Several Opposition parties – including the Congress, Trinamool Congress and Aam Aadmi Party – have expressed “deep apprehension on the long-term implications” of the recent Supreme Court judgment upholding the amendments to the Prevention of Money Laundering Act (PMLA).
In a joint statement, while calling for the review of the amendments, the Opposition leaders feared that the changes would only strengthen the hands of a government that “indulges in political vendetta” to target its opponents.
On July 27, the apex court upheld the Enforcement Directorate’s (ED) powers relating to arrest, attach property, search and seize under the PMLA which was challenged by multiple petitioners.
Responding to this, the joint statement by opposition parties said, “We place on record our deep apprehension on the long-term implications of the recent Supreme Court judgment upholding, in entirety, the amendments to the Prevention of Money Laundering Act, 2002, without examining whether some of these amendments could have been enacted by way of Finance Act.
These far-reaching amendments strengthened the hands of a government, indulging in the political vendetta of the worst kind, by using these very amended laws relating to money laundering and investigation agencies, to target its political opponents in a mischievous and malicious manner.”
The signatories of the joint statement also called into question the way amendments were effected through a Money Bill, which they deemed “unconstitutional or ineffective”. The Opposition argues that a Money Bill essentially deals with appropriation of money from the Consolidated Fund and taxation, and hence cannot be used to make laws on other matters.
In fact, the top court has assigned the specific matter of their constitutionality to a larger bench and the verdict on the same is still pending.
“If tomorrow the Supreme Court holds that the challenged amendments through Finance Act are bad in law, then the entire exercise would become futile and loss of judicial time,” the statement said.
Also read: Undue Process: Here’s What’s Wrong With the Supreme Court’s PMLA Judgment
On the specific aspect of the apex court upholding amendments, the signatories said, “We are also very disappointed that the highest judicial authority, invited to give an independent verdict on the lack of checks and balances in the Act, has virtually reproduced arguments given by the executive in support of draconian amendments.”
“We hope that the dangerous verdict will be short-lived and constitutional provisions will prevail soon,” the statement added.
The statement comes a day after raids were conducted by the ED on the premises of the National Herald newspaper in the national capital and elsewhere. Congress chief Sonia Gandhi and Rahul Gandhi were already questioned by the agency in a money laundering case.
The opposition camp for long has been vocal about “political vendetta” and “misuse of investigative agencies” by the Narendra Modi-led government to target political opponents and critics of the government.
They have also cited an abysmally low conviction rate compared to a larger number of cases being filed under the PMLA and probed by the ED. According to the government’s own data, tabled in the parliament, only 23 accused have been convicted out of 3,010 money laundering-related searches carried out by the ED in the last eight years of the Modi government.
Among the parties that have signed the joint statement are Congress, Trinamool Congress, Dravida Munnetra Kazhagam, Aam Aadmi Party, Nationalist Congress Party, Shiv Sena, Communist Party of India (Marxist), Communist Party of India, Indian Union Muslim League, Revolutionary Socialist Party, Marumalarchi Dravida Munnetra Kazhagam, Rashtriya Janata Dal and Rashtriya Lok Dal.
The full statement is reproduced below.
§
We place on record our deep apprehension on the long-term implications of the recent Supreme Court judgement upholding, in entirety, the amendments to the Prevention of Money Laundering Act, 2002, without examining whether some of these amendments could have been enacted by way of Finance Act. If tomorrow the Supreme Court holds that the challenged amendments through Finance Act is bad in law, then the entire exercise would become futile and loss of judicial time.
We hold, and will always hold, our Supreme Court in the highest respect. Yet, we are compelled to point out that the judgment should have awaited the verdict of a larger Bench for examining the constitutionality of the Finance Act route to carry out amendments. These far-reaching amendments strengthened the hands of a government, indulging in political vendetta of the worst kind, by using these very amended laws relating to money laundering and investigation agencies, to target its political opponents in a mischievous and malicious manner.
We are also very disappointed that the highest judicial authority, invited to give an independent verdict on the lack of checks and balances in the Act, has virtually reproduced arguments given by the executive in support of draconian amendments.
We hope that the dangerous verdict will be short lived and constitutional provisions will prevail soon.
S. No LEADER PARTY
1 MALLIKARJUN KHARGE INC
2 DEREK O’BRIEN TMC
3 TR BAALU DMK
4 ET MOHAMMAD BASHEER IUML
5 ELAMARAM KAREEM CPI(M)
6 BINOY VISWAM CPI
7 VAIKO MDMK
8 A D SINGH RJD
9 N K PREMACHANDRAN RSP
10 PRIYANKA CHATURVEDI SS
11 M SHANMUGAM DMK
12 JOSE K MANI KCM
13 SHARAD PAWAR NCP
14 JAYANT CHAUDHARY RLD
15 RAM GOPAL YADAV SP
16 MAHUA MAJI JMM
17 KAPIL SIBAL IND
18 NARAIN DASS GUPTA AAP