SC pulls up ED: Concept of PMLA cannot be to ensure that a person remains in jail

The ED had arrested Tripathi connected August 8, 2024, but the Chhattisgarh High Court quashed the Special Court bid taking cognisance of the ailment against him connected February 7, 2025, saying nary authorisation had been obtained to prosecute him.
The HC based its determination connected the November 6, 2024 determination by a two-judge seat presided by Justice Oka which said Section 197(1) of the Code of Criminal Procedure (CrPC) that mandates anterior authorisation from the authorities to instrumentality cognisance of an offence against nationalist servants volition use to cases nether the PMLA too.

Questioning the ED, Justice Oka asked Additional Solicitor General S V Raju Wednesday: “If cognisance has been quashed, wherefore should the accused beryllium successful jail?”

Raju said that the quashing of the bid taking cognisance did not marque the apprehension illegal. He added that authorisation had present been obtained and the bureau had again applied for cognisance.

Drawing parallels with the alleged misuse of Section 498A of the Indian Penal Code which criminalises cruelty against a joined pistillate by her hubby oregon his relative, Justice Oka said: “Concept of PMLA cannot beryllium to guarantee that a idiosyncratic should stay successful jail. I volition archer you frankly, looking astatine respective cases, See what happened successful 498A cases, if this is the attack of the ED… if the inclination is to support the idiosyncratic someway successful jail, adjacent aft cognisance is quashed, what tin beryllium said?”

Raju contended that galore complaints were filed by the ED earlier the SC mandated authorisation past twelvemonth and added “the bid quashing cognisance volition not marque the accused entitled to regular bail”, but the seat did not agree.

“What benignant of signals are we giving? Order taking cognisance is quashed and the idiosyncratic is successful custody since August 2024!” said Justice Oka.

Raju said the quashing was not due to the fact that nary offence wasn’t made retired but for deficiency of authorisation which has been obtained now.

The ASG said “crooks cannot get distant connected technicalities. These are officers who ran a parallel liquor concern and siphoned disconnected wealth to Dubai”.

The bench, however, pointed retired that Tripathi has not been convicted yet.

In its order, the tribunal said that custody cannot beryllium continued successful airy of the quashing bid and added that the Special Court volition present analyse if the authorisation is valid oregon not.