Punjab & Haryana HC clamps down on ED’s powers, says no arrests under PMLA without scheduled offence

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New Delhi:The money laundering charges brought against Surender Panwar, Congress MLA from Sonipat, Haryana, by the Enforcement Directorate (ED) are not listed as scheduled offences under the Prevention of Money Laundering Act (PMLA), the Punjab and Haryana High Court has held...

While quashing Panwars arrest under the anti-money laundering law Monday, the high court stressed that there can be no arrest under the PMLA unless there is material evidence to substantiate the involvement of the accused..

The decision clamps down on the powers of the ED to arrest while the agency is already in a hotspot for its arbitrary approach in the PMLA cases, particularly those against the Opposition leaders...

In the absence of a direct or indirect involvement in any activity defined as illegal under the PMLA there was no ground for Panwars arrest on the premise that he was guilty of a money laundering offence, the high court further said...

Though Justice Sidhu opined that there was insufficient material to arrest Surender Panwar, he left it to the special PMLA court in Ambala to give an independent finding on the merits of the EDs complaint, asserting his observations should not be construed as a commentary...