ED does not have the power to seek police remand, Tamil Nadu Minister Senthilbalaji argues in Supreme Court

Tamil Nadu Minister V. Senthilbalaji’s lawyer argued in the Supreme Court that ED officers don't have the power to seek his police custody.

Tamil Nadu Minister V. Senthilbalaji, who is facing money-laundering charges in the cash-for-jobs scam, said on Wednesday in the Supreme Court that the Enforcement Directorate (ED) does not have the power to seek his police custody.

The Minister is now in judicial remand.

Appearing before a Bench of Justices A.S. Bopanna and M.M. Sundresh, senior advocate Kapil Sibal, for Mr. Senthilbalaji, said the anti-money laundering law requires the ED to collect the evidence, complete its inquiry and find a person prima facie guilty before finally arresting him.

The Prevention of Money Laundering Act, in order to prevent any misuse of authority, gives only 24 hours to the ED to “confront” the arrested person with the collected material before producing him before the magistrate, Mr. Sibal contended.

He argued that the magistrate’s authority was confined to the question whether the accused should be let off on bail or remanded in judicial custody. There is no question of police remand.

“What is the point of remanding a person to police custody and interrogation? Is it to start a further investigation? The inquiry should be complete before the arrest itself… My Lords will have to consider this question of law,” argued Mr. Sibal, assisted by advocate Amit Anand Tiwari.