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."