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Enforcement Directorate Is Not a ‘Super Cop’, Says Karnataka High Court
The court said the agency must work within PMLA limits and cannot keep money-laundering cases alive after the underlying offence falls away.
- The Karnataka High Court quashed the Enforcement Directorate's case against Congress Party MLA Nanjegowda, ruling the agency cannot act as a "super cop" with unrestricted authority to investigate any matter outside its statutory framework.
- Rajanna's private complaint alleged the Malur Land Grant Committee, chaired by Nanjegowda, illegally allotted around 80 acres to 38 people, prompting the Enforcement Directorate to register its case in 2023 as a predicate offence.
- Clarifying the statutory framework, the Court declared that powers under the Money Laundering Act are "derivative and not original," and proceedings cannot continue once the predicate offence no longer exists.
- Rejecting the agency's attempt to file private complaints, the Court stated allowing such action "would amount to permitting the ED to act as a super cop" contrary to the Act's philosophy requiring a predicate offence.
- The Court stressed that the Constitution envisages a separation of powers to prevent any one institution from becoming supreme, requiring checks and balances among government organs rather than allowing unrestricted investigative authority.
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The Karnataka High Court also drew a red line for the ED, stating that the agency cannot act like a "super cop." The court clarified that the agency cannot investigate everything that comes to its attention.
The Karnataka High Court has given a very important verdict on the scope of powers of the Enforcement Directorate (ED). The ED is a ‘super agency’ to investigate every matter in the country.
Coverage Details
Total News Sources12
Leaning Left2Leaning Right3Center0Last UpdatedBias Distribution60% Right
Bias Distribution
- 60% of the sources lean Right
60% Right
L 40%
R 60%
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