Weaponizing PMLA : The finding that Soren may not be guilty exposes ED’s approach to political cases
- The grant of bail to former Jharkhand Chief Minister and Jharkhand Mukti Morcha leader Hemant Soren exposes the questionable practice of the Enforcement Directorate in slapping money-laundering cases just to arrest political adversaries of the ruling dispensation.
KEY HIGHLIGHTS
- The Prevention of Money Laundering Act (PMLA) forces courts to render a preliminary finding on
- whether there is reason to believe that those jailed for laundering money are guilty of the offence and grant bail only if they record a negative finding.
- Weaponising such provisions against political opponents can have grave consequences for their personal liberty.
- Justice of the Jharkhand High Court has analysed the material and circumstances of the case and given him bail based on a conclusion that there is reason to believe that Mr. Soren is not guilty.
- The Enforcement Directorate registered a case under the PMLA against him based on a police case related to forgery and fabrication of documents involving a revenue inspector and his associates.
- The High Court’s findings such as these may be the subject of appeal or may be revisited during the trial.
- However, they also shine a light on how central agencies are showing unseemly haste in arresting political functionaries in office based on inferences and surmises.