The Supreme Court on Wednesday upheld the Enforcement Directorate (ED)’s power to arrest and attach property under the Prevention of Money Laundering Act (PMLA), categorically stating that Section 19 of the PMLA “does not suffer from the vice of arbitrariness”. The apex court made this significant observation while disposing of a bunch of petitions on the interpretation of certain provisions of the anti-money laundering law.
Delivering the verdict upholding the constitutional validity of Section 19 of the 2002 Act, which deals with the power to arrest, a bench of justices AM Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar rejected the petitions challenging the provision. “There are stringent safeguards provided in Section 19. The provision does not suffer from the vice of arbitrariness,” the court observed.
The petitions questioned, among others, the powers given to the ED for search, seizure and attachment, reverse burden cast on the accused to prove innocence and the stringent conditions for granting of bail in PMLA cases.
The top court further observed that the provisions in the form of Section 45 of the 2002 Act, as applicable post-2018 amendment, are reasonable and have direct nexus with the purposes and objects sought to be achieved by the Act for combating the menace of money laundering having transnational consequences, which include impacting the financial systems and sovereignty and integrity of the countries. “We hold that the provision in the form of Section 45 of the 2002 Act, as applicable post amendment of 2018, is reasonable and has direct nexus with the purposes and objects sought to be achieved by the 2002 Act to combat the menace of money-laundering having transnational consequences including impacting the financial systems and sovereignty and integrity of the countries,” the top court observed.
Upholding the validity of Section 19 of the Act, the Court observed, “On
the other hand, we hold that such a provision has reasonable nexus with the purposes and objects sought to be achieved by the 2002 Act of prevention of money-laundering and confiscation of proceeds of crime involved in money-laundering, including to prosecute persons involved in the process or activity connected with the proceeds of crime so as to ensure that the proceeds of crime are not dealt with in any manner which may result in frustrating any proceedings relating to confiscation thereof.”
Section 19 of the Act postulates the manner in which the arrest of a person involved in money laundering can be affected. Sub-section (1) of Section 19 envisages that the director, deputy director, assistant director or any other officer authorised on this behalf by the Central government, if has material in his possession giving rise to a reason to believe that any person has been guilty of an offence punishable under the 2002 Act, he may arrest such person. Besides the power being invested in high-ranking officials, Section 19 provides for inbuilt safeguards to be adhered to by the authorised officers, such as recording reasons for the belief regarding the involvement of a person in the offence of money laundering.
The bench also observed that the safeguards ensure that the authorised officers do not act arbitrarily, but are accountable for their judgment about the necessity to arrest any such person as involved in the commission of the offence of money laundering even before filing the complaint before the Special Court under Section 44(1)(b) of the 2002 Act in that regard. “If the action of the authorised officer is found to be vexatious, he can be prosecuted and inflicted with punishment specified under Section 62 of the 2002 Act,” the Court said in its verdict.
The Court also dealt in detail with Clauses (na) and (u) of Section 2(1) and Section 3 of the PMLA. Defining the expression “investigation” in Clause (na) of Section 2(1) of the 2002 Act, the Supreme Court bench further observed that the term does not limit itself to the matter of investigation concerning the offence under the Act and is interchangeable with the function of “inquiry” to be undertaken by the authorities under the Act.
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The Current Financial Climate Around the World
The economy is volatile, but many people are finding ways to profit from these conditions. I decided to write an article about how the global foreign exchange can support your investments in this challenging time. I have made a point of looking into different opportunities and following up with my research. In addition to helping you access an emerging market currency (not to mention other things such as commodities), the foreign exchange gives you exposure to many more investment opportunities than your typical stock/bond investments would. For example, imagine taking advantage of an interest rate hike in your home country and buying shares in some companies in a country like India or China. You need a strong, diversified investment portfolio that includes stocks and bonds in both developed and emerging countries. It means a higher risk, but a better return. Before you start making these changes, make sure you’ve got the necessary resources. It can be difficult to do this right now, so I recommend working with someone who can help manage your money.
An excellent way for anyone to profit from the current economic situation is by focusing on the underlying factors behind the movement. When trading currency, this usually involves analyzing and understanding the economy, which can often be easier to know when you’re doing it for the first time. Forex traders often forget to consider the fundamental economic factors, especially where a country is concerned. While many investors focus on the short-term dynamics of currencies, they often miss the bigger picture of the economy. This is particularly true for those looking to invest in emerging markets. The more you know about the fundamentals driving the currency value of your portfolio, the more likely you will be able to ride out the ups and downs of the stock market without too much trouble. While many people can take advantage of rising oil prices or even look forward to cheaper goods in the future, there are also those who believe the price of gas, electricity, and food will rise significantly. These investors are willing to invest in the future based on their expectations. As such, it’s important you consider the potential effects these fundamentals could have on your portfolio, especially if you’re looking to invest in emerging markets. Take some time to think about your personal finances, your investment goals, and where your portfolio might be heading over the next couple of years. Then, you’re ready to begin figuring out which currencies and investment opportunities might work well for your portfolio.
Currency is one of the most volatile assets available to investors. What do I mean by this? Well, let me explain. A currency is just an object used in international trade and commerce. They are traded between different countries by their governments and national banks, and their value changes based on a variety of factors such as interest rates, foreign exchange rates, population growth, inflation rates, etc. When a currency appreciates or depreciates, this is due to factors such as a strong country or a weak one. However, because of the sheer number of countries with many currencies floating around, there is a lot of volatility in the market.
Forex trading can be very rewarding. Leverage is a term used to describe an investor’s ability to increase their investments in order to gain more profit. There are two types of leverage: margin and synthetic leverage. Margin refers to the use of borrowed funds to buy and sell securities. Synthetic leverages are simply the creation of artificial leverage by using certain strategies such as day trading or hedging. When doing FX trading, you’ll often find yourself in situations where you’re forced to use the dollar as an instrument. This is referred to as dollar-driven leverage, and it can be very difficult to manage. Just how much can an individual use? Traders often use a large amount of margin in order to take advantage of rising currency values. If you’re looking to use this type of leverage, it’s best to seek advice from a professional Forex trader. In some cases, you may need to borrow money in order to do your own trades. You can do this by having a broker handle all your transactions for you.
One of the more popular ways for people to profit from the current financial climate is through currency trading. Many people believe that they must wait until the market is absolutely bearish before they can start making money. The truth is that there are plenty of opportunities for traders right now. Unfortunately, some people believe that currency trading is only for serious investors. That’s not true at all.
In conclusion, there are lots of reasons why you should consider investing in Forex currency trading. If you’re looking for a quick way to get started with the world of currency trading, then I highly recommend trying out some demo accounts. As mentioned above, you may find yourself in situations where you’re forced to use the dollar as an instrument. But don’t worry; it’s easy to get through these types of scenarios and still find success in trading. Good luck!
Jammu and Kashmir: 1 terrorist killed in Budgam encounter
In the ongoing encounter in Budgam district of Jammu and Kashmir, one terrorist was killed on Wednesday.
“The encounter broke out in Budgam in Jammu and Kashmir on Wednesday between terrorists and security forces,” police said.
Taking to Twitter Kashmir Zone Police said, “Encounter has started at Waterhail area of Budgam. Police and security forces are on the job. Further details shall follow.”
Earlier today, terrorists of proscribed terror outfit The Resistance Front (TRF)/Lashkar-e-Taiba (LeT) were trapped by security forces. They were trapped in the ongoing encounter in Jammu and Kashmir’s Budgam.
The Jammu and Kashmir Police trapped Lateef Rather who killed several civilians including Rahul Bhat and Amreen Bhat.
“3 terrorists of terror outfit LeT (TRF) including terrorist Lateef Rather trapped in the ongoing encounter. Terrorists Lateef is involved in several #civilian #killings including Rahul Bhat and Amreen Bhat,” Kashmir Zone Police said.
Earlier on 12 May, Chadoora Tehsil Office employee Rahul Bhat was shot dead by terrorists in his office. While Amreen Bhat Kashmiri TV actress was killed in Budgam’s Chadoora on May 26.
Prophet row: SC extends protection, transfers all FIRs against Nupur Sharma to Delhi Police
On Wednesday, the Supreme Court combined and forwarded all FIRs filed to the Delhi Police against BJP spokeswoman Nupur Sharma, who has been suspended. The apex court also granted Sharma temporary protection while the Prophet’s comment controversy is being investigated.
The court also gave the suspended BJP leader permission to file a petition with the Delhi High Court to have FIRs filed in other states over her remarks dismissed. After allegedly uttering some offensive remarks about the Prophet Mohammad during a debate on a TV channel, Sharma has become embroiled in a significant scandal.
Protests quickly ensued, both inside and outside the nation, and several Muslim countries officially registered their objections with the relevant Indian embassy. The BJP then suspended Sharma and expressed distain for her comments. A statement was also made in this regard by the ministry of external affairs.
Large-scale upheavals were also caused in various regions of the nation. Also murdered by radical Muslim groups in Rajasthan and Maharashtra were two people who sent messages of support for Sharma on social media.
Sharma had received harsh criticism from the apex court for her remarks made on May 26 during a TV discussion debate, but it later granted her protection in the case.
Nitish Kumar calls Lalu Yadav before oath ceremony; RJD supremo congratulates him
Ahead of Nitish Kumar’s oath-taking ceremony RJD supremo Lalu Prasad Yadav called him and discussed the political developments. Prasad congratulated him as well.
RJD supremo hailed Kumar’s decision to split from the NDA and reunite with the Mahagathbandhan.
“Nitish Kumar called Lalu Prasad Yadav amid political developments in Bihar, discussed several issues, Lalu Yadav congratulated him and his decision to break away from the BJP and join the Grand Alliance,” a family member said.
Earlier in the day Nitish Kumar was sworn in as the Chief Minister of Bihar for the eighth time. The oath ceremony was held at the Patna Raj Bhavan on Wednesday.
After a huge political turmoil in the state, Kumar broke the alliance of BJP-JDU on Tuesday. Later Kumar announced to form of a new “Grand Alliance”.
The swearing-in ceremony was attended by RJD’s Tejashwi Yadav, his wife Rajshri, former CM Rabri Devi, and RJP leader Tej Pratap Yadav.
“Seven parties including 164 MLAs along with independent MLA in our Mahagathbandhan,” Nitish Kumar said at a joint presser with RJD’s Tejashwi Yadav.
Meanwhile, RJD leader Tejashwi Yadav also took oath as the Deputy Chief Minister of the state.
However, on Tuesday Nitish Kumar submitted his letter of resignation as chief minister to Governor Phagu Chauhan at Raj Bhavan.
Tejaswi all set to combat unemployment, promises bumper jobs in a month
Tejashwi Yadav, the new deputy chief minister of Bihar, said the nation must follow the example set by his state. After Nitish Kumar severed ties with the BJP, the Rashtriya Janata Dal (RJD) leader took the oath for the top two positions in the state alongside him. He promised that within a month, hundreds of jobs would be available for the underprivileged and young people.
Yadav claimed that his battle had been with unemployment and that the job offers would be grand in a previously unheard-of way.
“Bihar took the necessary action for the nation. We have led the way for them. We have been fighting against unemployment. Our CM understood how the underprivileged and young felt. Within a month, we’ll offer kids and the poor bumper jobs.” The newly appointed deputy chief minister predicted that it would be an enormous event that had never occurred before.
He claimed that the Mahagathbandhan, or grand alliance, is so powerful that the BJP would be the only party left standing as the opposition in the Assembly.
He further added, “A difficult decision taken by CM Nitish Kumar is a decision which was needed (to be taken). Communal tensions were being spread by BJP, they were trying to kill regional parties.”
Omicron’s new sub-variant detected in Delhi
A new sub-variant of COVID’s Omicron variant was detected in New Delhi on Wednesday. The variant is more transmissible.
The new sub-variant has been identified as BA-2.75. This sub-variant was detected in a study report of 90 samples sent for genome sequencing.
Meanwhile, Dr. Suresh Kumar, Medical Director of LNJP Hospital said that the new variant has more transmissibility. These can infect even those with antibodies.
“Omicron’s subvariant BA-2.75 has been found in the report. It has more transmission rate. This has emerged in the study report of 90 samples sent for genome sequencing. This new sub-variant also attacks people already having antibodies and also those who have taken the COVID vaccines in their body,” Dr. Suresh Kumar said.
However further details into the matter are awaited.
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