Rehan Khan
Former Additional Solicitor General (ASG) Atmaram Nadkarni has raised concerns over the Enforcement Directorate (ED) prolonging investigations and detaining money laundering accused without trial. Speaking at a panel discussion on the Prevention of Money Laundering Act (PMLA) at the First International Supreme Court Advocates-on-Record Legal Conference in Goa, Nadkarni emphasized the need for timely action by the ED.
“ED in investigation cannot take ages. After probing, you need to release the person,” said Nadkarni, highlighting the prolonged incarceration of accused individuals awaiting trial. He criticized the subjective nature of ED’s powers, stating that it often functions under external influence. He added, “His master’s voice which actually works and that is how ED works. I am openly saying it… My blood boils when I see it.”
Nadkarni further pointed out the inconsistent approach of courts in granting bail to money laundering accused. While the Supreme Court has begun releasing accused individuals on bail, “it is unfortunate that the judiciary and the Supreme Court had to release them but still High Courts are not following it,” he remarked.
The former ASG also addressed the broader issue of corruption, noting that “control breeds corruption,” a fact he believes the judiciary is aware of but fails to acknowledge openly.
Nadkarni also flagged the ED’s practice of attaching properties, often including ancestral ones unrelated to the offense. He noted that once attached, “property is never released,” except in rare cases involving high-profile politicians.
Expressing hope for a more proactive judiciary, Nadkarni concluded, “The hope of the common man is only judiciary… I hope the judiciary becomes super active now on this.”