The power of the Directorate of Enforcement (ED) to make an arrest under the Prevention of Money Laundering Act, 2002 cannot be conflated with the power to seek the remand of an accused in its own custody, Senior Advocate Kapil Sibal told the Supreme Court of India on Wednesday. Sibal argued that the ED officers are not ‘police officers’ under the Prevention of Money Laundering Act and therefore cannot seek police remand. He cited the 2022 Vijay Madanlal Choudhary judgement, which held that ED officers are not police officers. Sibal also argued that the PMLA is a regulatory statute and does not grant the power of remand to ED officers. The bench of Justices AS Bopanna and MM Sundresh was hearing a batch of pleas in connection with the ED seeking custody of DMK leader Senthil Balaji in connection with a cash-for-jobs scam. Balaji and his wife have filed separate petitions challenging the Madras High Court’s verdict that allowed the central agency to take him into custody. Sibal argued that the ED’s insistence on taking Balaji into custody goes against the Vijay Madanlal Choudhary judgement. He reiterated that no provision under the PMLA allows the ED to seek police remand and urged the court to lay down the law on this issue. Background: In June, Senthil Balaji was arrested by the ED for his alleged role in a cash-for-job scam that took place between 2011-2016 during his tenure as the transportation minister. The Supreme Court had set aside a stay on the ED’s proceedings in the case and allowed the agency to include offences under the Prevention of Corruption Act in the investigation. The Madras High Court denied interim bail to Balaji but allowed his family’s request to transfer him to a private hospital. The ED challenged the high court’s decision, but the Supreme Court adjourned the hearing and waited for the high court to deliver its verdict. In July, the high court delivered a split verdict on the habeas corpus petition filed by Balaji’s family.
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