Centre defends in SC PMLA provision relating to power to arrest

Government told the apex court that nothing is “kept confidential” from the concerned court

The Centre Tuesday defended in the Supreme Court the Prevention of Money Laundering Act (PMLA) provision relating to power to arrest saying adequate “safeguards” are provided in it and relevant records, including grounds for arrest and the material on the basis of which the conclusion has been arrived at, are placed before the concerned court for its perusal.

The government told the apex court, which is hearing arguments on a batch of petitions concerning the interpretation of certain provisions of the PMLA, that nothing is “kept confidential” from the concerned court.

Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Justice A. M. Khanwilkar that no provision can be quashed merely because it deviates from the Code of Criminal Procedure (CrPC).

“Please see how many safeguards are provided in section 19 [of the PMLA],” Mr. Mehta told the bench, also comprising Justices Dinesh Maheshwari and C. T. Ravikumar, while referring to Section 19.

Section 19 of the PMLA deals with the aspect of power to arrest.

The solicitor general told the bench that validity of Section 19 of the PMLA has been challenged in the matter on the ground that it allegedly violates Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.

“No provision can be quashed merely because it deviates from the CrPC. It [provision] has to be Constitution compliant,” he said.