LyrArc Article Gist
Justice Khanwilkar of the Indian Supreme Court (2016-2022) is appointed the second Lokpal of India. He wrote some of the key decisions of the court in recent years. As Lokpal he is head of the Anti-Corruption Authority of India, that was established in 2013 after the protests against widespread corruption and leakage of funds led by Anna Hazare of Maharashtra that led to loss of confidence in the government of that year. Justice Khanwilkar supported the strict provisions of the Prevention of Money Laudering Act (PMLA) that provide the essentials for a developing country to ensure good governance and prevent the leakage of funds that are destructive for improving the ease of living, and for the confidence of the people in the government. He also decriminalised homosexuality, and upheld the Gujarat government for handling of events in 2002. He was alsopart of the 5 Judge SC bench that upheld Aadhar documentation of every citizen of India that made it possible under Digital India to deposit money directly to bank accounts preventing leakage of funds going to hundreds of millions of needy Indians. This was key to supporting families across India during the pandemic. In 2020 he passed a ruling on regulating the NGO's in India and use of foreign funding, the Foreign Contribution Regulation Amendment Act (FCRA), which ensures the government of a developing country of over 1 billion people can be run by the will of the people for the people, free from interference by foreign ideologies and interests. He tackled a key environmental case in 1996 when surrounding tanneries were polluting the river Ganges. The range of Khanwilkar's decisions is as prolific as it is critical for shaping a modern nation of 1.4 billion people. He served as the Standing Counsel of the Election Commission of India aiding in the operation of EC that is crucial for Indian election process.. He wrote 226 judgements and sat on 817 benches, a hardworking and disciplined judge that is a reflection of the best of India from the period of Indian renewal under Vivekananda and Gandhi to this day. Khanwilkar started his career in 1982, representing the state of Maharashtra as Standing Counsel at the Supreme Court, and was later Chief Justice of Himachal Pradesh, Chief Justice of Madhya Pradesh. ...

LyrArc Article Gist
The Indian Supreme Court on July 27 upholds the core amendments to the Prevention of Money Laundering Act (PMLA)  which gives the enforcement authority, the Enforcement Directorate ED, the powers to make summons, arrest, and other powers to enforce the law. The Supreme Court called the PMLA a law against "the scourge of money laundering." After independence in 1947 some of the problems that Mohandas Gandhi witnessed in the early Congress party ministries allowed by the British in the 1930's became a part of the political fabric as accepted ways of operating. It is only in the last decade that these practices have come to be seen as inconsistent with the development of the country and ones that would have been rejected outright by Mohandas Gandhi as inconsistent and repelling to his India of Hind Swaraj. In a 545 page judgement the Special Bench of Justices AM Khanwilkarm Dinesh Maheshwari, and CT Ravikumar, stated that- "This is a sui generis (unique) legislation... The Parliament enacted the Act as a result of the international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences." Mohandas Gandhi would be appalled by how elected ministries operated in the India that followed in the first decades after 1947. Not only were some of the basic principles of honest government being violated, it was being done with such impunity that over time it crept into the culture of how things operated in India, destroying any confidence the people had in the responsibilities of government and its ability to deliver on those responsibilities. The Supreme Court has now taken up the task of restoring some of the integrity of Gandhi's Hind Swaraj with its statement that- "Money laundering is an offence against the sovereignty and integrity of the country." Money laundering the SC says is "every process and activity", direct or indirect dealing with the proceeds of crime. Justice Khanwilkar wrote: "Today, if one dives deep into the financial systems, anywhere in the world, it is seen that once a financial mastermind can integrate the illegitimate money into the bloodstream of an economy, it is almost indistinguishable. In fact the money can simply be wired abroad at one click of the mouse. It is well known that once this money leaves the country, it is almost impossible to get it back. Hence a simplistic argument  that Section 3 (offence of money laundering) should only find force once the money has been laundered, does not commend to us."   ...