Hindi English Translation || Editorial || Narrow view: On the Supreme Court’s PMLA verdict

Narrow view: On the Supreme Court’s PMLA verdict

The Supreme Court verdict on the Prevention of Money Laundering Act fails to protect personal liberty (स्वतंत्रता, स्वाधीनता) from draconian (कठोर, कड़ा) provisions Narrow view

The Supreme Court’s verdict upholding (बनाए रखने, समर्थन करना, पुष्टि करना) all the controversial provisions (प्रावधान, शर्त) of the Prevention of Money Laundering (a secret act of moving illegally acquired funds into legal bank accounts or investments) Act (PMLA) falls short of judicial standards of reviewing legislative (विधायी, सरकार, कानून बनाने) action. Undergirding every aspect of its analysis is a belief that India’s commitment to the international community on strengthening the domestic legal framework (रूपरेखा, संरचना, प्रणाली संगठन) for combating money-laundering is so inviolable that possible violation (उल्लंघन, भंग, तोड़ना) of fundamental rights can be downplayed (downgrade, play down, minimize, de-emphasize, put down). The judgment repeatedly invokes (आह्वान करना, उल्लेख करना, जोड़ना) the “international commitment” behind Parliament’s enactment (कानून, पारित करना) of the law to curb (नियंत्रण, शामिल, प्रतिबंधित) the menace (खतरा, जोखिम, धमकी) of laundering (hide the source of money received illegally) of proceeds (प्राप्ति, फ़ायदा, मुनाफ़ा) of crime which, it underscores (रेखांकित करना, बल देना), has transnational (अंतरराष्ट्रीय, पार देशी) consequences (परिणाम, प्रभाव) such as adversely (unfavourably, disadvantageously, badly) impacting financial systems and even the sovereignty (jurisdiction, supremacy, authority, power) of countries. There is, no doubt, widespread international concern over the malefic (harmful, detrimental, inimical, bad, pernicious, malignant, evil-intentioned) effects of organised crime fuelling (stimulate, boost, encourage, intensify, support, nurture) international narcotics (addictive drugs, illegal drugs) trade and terrorism. Much of these activities are funded by illicit (illegal, unlawful, against the law) money generated from crime, laundered to look legitimate (legal, lawful, licit, permissible, approved, within the law) and funnelled (channel, guide, feed, direct) into the financial bloodstream (circulatory system (through which blood flows)) of global and domestic economies. A stringent (strict, severe, harsh, drastic, tough) framework, with apposite (appropriate, suitable, apt, befitting) departures from the routine standards of criminal procedure, may be justified in some circumstances. However, experience suggests that money-laundering in the Indian context is linked or is seen as a byproduct of a host of both grave (crucial/critical, important/significant, serious) and routine offences (crime, illegal/unlawful act, breach/violation of the law, wrongdoing, act of misconduct, misdeed) that are appended (add, attach, affix, adjoin, include) to the Act as a schedule (an appendix (added section at the end) to a statute/law/act). These ‘scheduled’ or ‘predicate’ offences ought to (must, should) be ideally limited to grave offences such as terrorism, narcotics smuggling (the illegal transportation of objects, substances, etc. across an international border in violation of applicable laws or other regulations), corruption and serious forms of evasion of taxes and duties. However, in practice, the list contains offences such as fraud, forgery, cheating, kidnapping and even copyright and trademark infringements (contravention, breach, violation, overstepping). The Enforcement Directorate (Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) (Civil Law) and certain provisions under the Prevention of Money Laundering Act, 2002 (PMLA) (Criminal Law)) has also been manifestly (clearly, obviously, apparently) selective (choosy, picky, discriminating, particular) in opening money-laundering probes, rendering (make, cause to be, cause to become) any citizen vulnerable (relating to a weak/neglected person who is in need of special care/support) to search, seizure, and arrest at the whim (wish, desire, impulse, urge) of the executive (the executive is a branch of government which enforces the law as written by the legislature and interpreted by the judiciary).

It is disappointing that the Court did not find the provision for forcing one summoned (order, call) by the ED to disclose and submit documents, and then sign it under pain of prosecution (legal action, legal proceeding, legal case), as violating the constitutional (legal, lawful, legitimate) bar (barrier, restriction, limitation) on testimonial compulsion. Nor was it impressed by the argument that the search and seizure provisions lack (be without, need, require, want) judicial oversight and are exclusively driven (force, compel, impel) by ED officers. Provisions that allow prosecution for money-laundering even without the scheduled offence (an offence listed in a schedule to a statute indicating that the statute’s provisions apply to such offences) being established and amendments deleting safeguards have passed muster with the Bench (a court of law with a number of judges), solely on the ground (reason, cause, basis, motive, pretext, purpose) that these were for removing lacunae (a gap/empty space; missing part of something) pointed out by international evaluators of the efficacy (power, potency, effectiveness) of the law. Save (except for, apart from, other than, besides) for an odd comment that the Special Court could examine the documents to decide on continuing detention (imprisonment, confinement/incarceration, captivity, custody), there is nothing in the judgment that will attenuate (weaken, decrease, reduce, lessen) the law’s rigours (strictness, severity, sternness, harshness, rigidity, inflexibility). It rejects the plea (appeal, entreaty, request, call) to treat ED officers who record statements as police officers, thus protecting their evidentiary (another term for evidential; giving evidence) admissibility (the quality of being acceptable/valid). At a time when the ED is selectively (discriminatorily, particularly) targeting regime (government) opponents (opposer, objector, dissident, dissenter), the verdict is bound to (sure, likely, guaranteed) be remembered for its failure to protect personal liberty from executive excess (the act of exceeding an allowable/preferable limit/level; lack of restraint, excessiveness, self-indulgence, self-gratification).

Courtesy: The Hindu

Important Word List With Meaning

1.liberty (noun)

Hindi Meaning - स्वतंत्रता, स्वाधीनता
English Meaning - freedom, independence.

2.draconian (adjective)

Hindi Meaning - कठोर, कड़ा
English Meaning - (of laws or punishments) extremely harsh, severe, strict, stringent, tough.

3.provision (noun)

Hindi Meaning - प्रावधान, शर्त
English Meaning - clause, requirement, condition.

4.uphold (verb)

Hindi Meaning - बनाए रखने, समर्थन करना, पुष्टि करना
English Meaning - endorse, support, ratify, approve, justify.

5.legislative (adjective)

Hindi Meaning - विधायी, सरकार, कानून बनाने
English Meaning - governmental, law-making, policy-making.

6.framework (noun)

Hindi Meaning - रूपरेखा, संरचना, प्रणाली संगठन
English Meaning - structure, system organization.

7.violation (noun)

Hindi Meaning - उल्लंघन, भंग, तोड़ना
English Meaning - contravention, infringement, breach, breaking.

8.invoke (verb)

Hindi Meaning - आह्वान करना, उल्लेख करना, जोड़ना
English Meaning - cite, refer to, adduce.

9.enactment (noun)

Hindi Meaning - कानून, पारित करना
English Meaning - passing, making law, implementation.

10.curb (verb)

Hindi Meaning - नियंत्रण, शामिल, प्रतिबंधित
English Meaning - control, contain, restrict, limit.

11.menace (noun)

Hindi Meaning - खतरा, जोखिम, धमकी
English Meaning - threat/danger, risk/peril, intimidation.

12.proceeds (noun)

Hindi Meaning - प्राप्ति, फ़ायदा, मुनाफ़ा
English Meaning - the amount of money received from an event/activity or from the sale of goods or services; income, revenue, profit, earnings, returns, gains.

13.underscore (verb)

Hindi Meaning - रेखांकित करना, बल देना
English Meaning - underline, emphasize, highlight.

14.transnational (adjective)

Hindi Meaning - अंतरराष्ट्रीय, पार देशी
English Meaning - involving/relating to two/more countries.

15.consequence (noun)

Hindi Meaning - परिणाम, प्रभाव
English Meaning - result, upshot, outcome, effect, repercussion, reverberations, ramification.

16.narrow (adjective)

English Meaning - narrow-minded, intolerant, illiberal, partisan, sectarian, discriminatory.

17.Prevention of Money-Laundering Act (PMLA) , 2002 (noun)

English Meaning - It is an Act of the Parliament of India enacted by the NDA government to prevent money-laundering and to provide for confiscation of property derived from money-laundering.

18.money laundering (noun)

English Meaning - a secret act of moving illegally acquired funds into legal bank accounts or investments.

19.fall short of (phrase)

English Meaning - fail to meet/reach; be deficient/inadequate/insufficient.

20.undergird (verb)

English Meaning - support, uphold, bolster, underpin, reinforce, strengthen.

21.inviolable (adjective)

English Meaning - absolute, unchallengeable, unassailable.

22.Part III Rights/Fundamental Rights (noun)

English Meaning - The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual’s liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

23.downplay (verb)

English Meaning - downgrade, play down, minimize, de-emphasize, put down.

24.launder (verb)

English Meaning - hide the source of money received illegally.

25.adversely (adverb)

English Meaning - unfavourably, disadvantageously, badly.

26.sovereignty (noun)

English Meaning - jurisdiction, supremacy, authority, power.

27.malefic (adjective)

English Meaning - harmful, detrimental, inimical, bad, pernicious, malignant, evil-intentioned.

28.fuel (verb)

English Meaning - stimulate, boost, encourage, intensify, support, nurture.

29.narcotics (noun)

English Meaning - addictive drugs, illegal drugs.

30.illicit (adjective)

English Meaning - illegal, unlawful, against the law.

31.legitimate (adjective)

English Meaning - legal, lawful, licit, permissible, approved, within the law.

32.funnel (verb)

English Meaning - channel, guide, feed, direct.

33.bloodstream (noun)

English Meaning - circulatory system (through which blood flows).

34.stringent (adjective)

English Meaning - strict, severe, harsh, drastic, tough.

35.apposite (adjective)

English Meaning - appropriate, suitable, apt, befitting.

36.by-product (noun)

English Meaning - side effect, consequence, fall out, ramification, aftermath, after-effect, repercussion.

37.a host of (noun)

English Meaning - a lot, large number, great quantity.

38.grave (adjective)

English Meaning - crucial/critical, important/significant, serious.

39.offence (noun)

English Meaning - crime, illegal/unlawful act, breach/violation of the law, wrongdoing, act of misconduct, misdeed.

40.append (verb)

English Meaning - add, attach, affix, adjoin, include.

41.schedule (noun)

English Meaning - an appendix (added section at the end) to a statute/law/act.

42.scheduled offence (noun)

English Meaning - an offence listed in a schedule to a statute indicating that the statute’s provisions apply to such offences.

43.predicate offence (noun)

English Meaning - a crime that is a component of a more serious crime. For example, producing unlawful funds is the primary offence, and money laundering is the predicate offence.

44.ought to (modal verb)

English Meaning - must, should.

45.smuggling (noun)

English Meaning - the illegal transportation of objects, substances, etc. across an international border in violation of applicable laws or other regulations.

46.evasion (noun)

English Meaning - dodging, bypassing/sidestepping, circumvention.

47.infringement (noun)

English Meaning - contravention, breach, violation, overstepping.

48.Enforcement Directorate (ED) (noun)

English Meaning - Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) (Civil Law) and certain provisions under the Prevention of Money Laundering Act, 2002 (PMLA) (Criminal Law).

49.manifestly (adverb)

English Meaning - clearly, obviously, apparently.

50.selective (adjective)

English Meaning - choosy, picky, discriminating, particular.

51.render (verb)

English Meaning - make, cause to be, cause to become.

52.vulnerable (adjective)

English Meaning - relating to a weak/neglected person who is in need of special care/support.

53.seizure (noun)

English Meaning - capture, occupation, takeover, overrunning, annexation, invasion, appropriation.

54.whim (noun)

English Meaning - wish, desire, impulse, urge.

55.the executive (noun)

English Meaning - the executive is a branch of government which enforces the law as written by the legislature and interpreted by the judiciary.

56.summon (verb)

English Meaning - order, call.

57.prosecution (noun)

English Meaning - legal action, legal proceeding, legal case.

58.constitutional (adjective)

English Meaning - legal, lawful, legitimate.

59.bar (noun)

English Meaning - barrier, restriction, limitation.

60.testimonial (adjective)

English Meaning - relating to a formal statement testifying to someone’s character and qualifications.

61.lack (verb)

English Meaning - be without, need, require, want.

62.oversight (noun)

English Meaning - supervision, surveillance, inspection, control.

63.drive (verb)

English Meaning - force, compel, impel.

64.pass muster (phrase)

English Meaning - be acceptable, be practical, be justifiable, be convincing, make sense.

65.bench (noun)

English Meaning - a court of law with a number of judges.

66.ground (noun)

English Meaning - reason, cause, basis, motive, pretext, purpose.

67.lacunae (plural of) lacuna (noun)

English Meaning - a gap/empty space; missing part of something.

68.point out (phrasal verb)

English Meaning - identify, mention, indicate, draw attention to.

69.efficacy (noun)

English Meaning - power, potency, effectiveness.

70.save (preposition)

English Meaning - except for, apart from, other than, besides.

71.detention (noun)

English Meaning - imprisonment, confinement/incarceration, captivity, custody.

72.attenuate (verb)

English Meaning - weaken, decrease, reduce, lessen.

73.rigour (noun)

English Meaning - strictness, severity, sternness, harshness, rigidity, inflexibility.

74.plea (noun)

English Meaning - appeal, entreaty, request, call.

75.evidentiary (adjective)

English Meaning - another term for evidential; giving evidence.

76.admissibility (noun)

English Meaning - the quality of being acceptable/valid.

77.selectively (adverb)

English Meaning - discriminatorily, particularly.

78.regime (noun)

English Meaning - government.

79.opponent (noun)

English Meaning - opposer, objector, dissident, dissenter.

80.bound to (adjective)

English Meaning - sure, likely, guaranteed.

81.excess (noun)

English Meaning - the act of exceeding an allowable/preferable limit/level; lack of restraint, excessiveness, self-indulgence, self-gratification.