Supreme Court notice to Centre on plea seeking review of PMLA verdict which upheld ED’s powers

Section 8(4) allows the ED to take possession of the attached property at the stage of confirmation of provisional attachment made by the adjudicating authority

The Supreme Court on August 25 agreed to examine a plea seeking a review of the PMLA verdict which upheld the Enforcement Directorate’s powers, including those relating to arrest, and sought response from the Centre on the issue.

A bench headed by Chief Justice N. V. Ramana said prima facie two issues, including not providing Enforcement Case Information Report (ECIR), requires reconsideration. The top court on Wednesday had allowed an application of Congress MP Karti Chidambaram seeking an open court hearing of his petition to review the top court’s last month’s verdict upholding the sweeping powers of the ED relating to arrest, investigation, and attachment of property under the PMLA Act.

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In its July 27 verdict, the apex court has said that the direction under Section 8(4) for taking possession of the property in question before a formal order of confiscation is passed should be an exception and not a rule.

Section 8(4) allows the ED to take possession of the attached property at the stage of confirmation of provisional attachment made by the adjudicating authority.