“PMLA is Pradhan Mantri ki Lal Ankh. It has nothing to do with the Prevention of Money Laundering Act. It means you can send them over to ED, who can do whatever they wish to do,” Sibal stated.
NEW DELHI: In a recent critique of the Prevention of Money Laundering Act (PMLA), Rajya Sabha MP Kapil Sibal has ignited controversy by reinterpreting the act’s acronym as “Pradhan Mantri ki Lal Ankh” (PM’s glare). His statements, made during an interview with News Agency, have sparked a debate on the effectiveness and fairness of the PMLA, with Sibal asserting that the act deviates from its original intent of combating money laundering.
READ ALSO: CJI Chandrachud Congratulates Kapil Sibal on Being Elected as SCBA President
Sibal’s primary concern revolves around the empowerment of the Enforcement of Directorate (ED), which he argues wields unchecked authority under the PMLA. He claims that this often leads to arbitrary arrests based on oral statements, without substantial evidence.
“PMLA is Pradhan Mantri ki Lal Ankh. It has nothing to do with the Prevention of Money Laundering Act. It means you can send them over to ED, who can do whatever they wish to do,” Sibal stated.
Sibal highlighted flaws in the enforcement process, pointing out instances where individuals have been detained solely based on unverified oral statements. He equated this practice to intimidation and coercion, raising concerns about the lack of transparency and due process within the PMLA framework.
“If you want to catch anyone, you can send him over to ED and then take the oral statement of anyone. The person can say anything orally, claiming to whom any random property belongs, and based on his statement, the accused is arrested. The case is then left hanging,” Sibal explained.
Sibal also addressed the issue of approvers in PMLA cases. An approver is an accomplice who becomes a witness after being pardoned by the court in exchange for their testimony against another accused. Sibal alleged that the credibility and integrity of approvers’ statements are questionable, as their testimonies often emerge late in the investigation process.
“The approver comes only in his twelfth statement. In the initial statements, he did not take any name. He became the approver in his twelfth statement and he gave the money,” Sibal noted.
He further claimed that sometimes, the ED does not even have an approver in certain cases.
Describing the PMLA as a “Frankenstein monster,” Sibal emphasized its role as a tool of governmental coercion rather than genuine law enforcement. He lamented the absence of concrete evidence or money trails in many cases, suggesting that arrests are made based on unsubstantiated allegations.
“It is a strong arm of the government. It has nothing to do with law enforcement. There is no evidence against (Arvind) Kejriwal, or (Manish) Sisodia, or (Satyendar) Jain. There is no money trail. Nobody says how much money is given to whom. There is no bank account or anything. There are just oral statements of people,” the Rajya Sabha MP asserted.
Responding to questions about why courts do not easily grant bail to individuals arrested under PMLA, Sibal remarked,
“Ask the courts. I keep on asking. I don’t get any response.”
The Opposition has frequently accused the Narendra Modi Government of abusing central investigative agencies like the ED to target and harass political opponents.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
