Headline
The Supreme Court of India Rules Prevention of Money Laundering Act (PMLA) Provisions Override Code of Criminal Procedure (CrPC) in Summoning Matters.
Summary
The Supreme Court of India rejected the Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee appeals,challenging summons issued by the Enforcement Directorate (ED) in a coal scam case. The Supreme Court of India held that the Prevention of Money Laundering Act (PMLA) provisions prevail over the Code of Criminal Procedure (CrPC).
Key Facts
- Case Name: Abhishek Banerjee and Anr. vs. Directorate of Enforcement
- Name of Judges: Justice Bela M. Trivedi and Justice Satish Chandra Sharma
- Petitioners stated that they couldn’t be summoned to New Delhi, because of Section 160 Criminal Procedure Code(CrPC), which restricts summoning women beyond their residence.
Legal Insights
The Supreme Court of India said that provisions of Prevention of Money Laundering Act(PMLA), specifically section 50, override CrPC, stressing the overriding effect granted by Sections 65 and 71 of the PMLA. This includes the summoning procedure.
Impact
This judgment of the Supreme Court explains application of PMLA, permitting wider and broader powers for agencies like the ED, focusing on their ability to summon individuals regardless of CrPC constraints.
Why It Matters
It shows the precedence of Prevention of Money Laundering Act (PMLA) over other laws, by making sure the effective prosecution in money laundering cases without territorial limitations on summons.
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