After Big SC Win, ED's twin challenges
Solving thousands of cases with 40% staff crunch
23 convicted in 20 years only
After the SC verdict upholding the constitutional validity of Prevention of Money Laundering Act, the Enforcement Directorate's big challenge is to conclude investigation into thousands of pending cases under the PMLA & FEMA.
This is at a time when the ED is facing a huge shortage of staff. According to a 2020 report, the ED was facing a shortage of as much as 40%. Independent observers say that the ED's track record in obtaining convictions after issuing summons to suspects, conducting raids and attaching assets, is extremely disappointing.
According to a reply given in the Lok Sabha recently, the ED could obtain convictions only in 23 cases under the PMLA ever since the act came into being in 2002 after what was called “draconian FERA”. Incidentally, P Chidambaram who stoutly defended PMLA as Finance Minister in 2012, is himself facing the ED heat along with his Lok Sabha MP son, Karti Chidambaram.
Apart from Chidambaram, ED is probing a large number of high profile cases involving several sitting and former Chief Ministers, Union Ministers, Mps and MLAs and business houses across India. It may be mentioned that the trial in many of these cases had almost come to a grinding halt after more than 200 petitions were filed in the SC challenging many provisions, dealing with its powers to arrest, search and seizure.
After getting unbridled power from the SC, the ED is left with no excuse but to fast-track all pending cases. It may be mentioned that ED is functioning with 40% strength of its total sanctioned staff capacity of 2,064. Officially, the ED says it initiated investigations into 30716 cases and disposed of 15495 of them reflecting huge pendency.
