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Enforcement Directorate प्रवर्तन निदेशालय | |
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Abbreviation | ED |
Agency overview | |
Formed | 1 May 1956 |
Legal personality | Government agency |
Jurisdictional structure | |
Federal agency | India |
Operations jurisdiction | India |
Governing body | Government of India |
Constituting instruments | |
General nature | |
Operational structure | |
Headquarters | New Delhi, India |
Minister responsible | |
Agency executive |
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Parent agency | Department of Revenue, Ministry of Finance |
Website | |
enforcementdirectorate |
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Politics of India |
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The Directorate of Enforcement, or Enforcement Directorate (ED), is a domestic law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crimes in India. [1] It is part of the Department of Revenue, Ministry of Finance, Government Of India. [2] The Enforcement Directorate focuses on investigating and prosecuting cases related to money laundering, foreign exchange violations, corruption, and economic offenses. Its primary objective is to curb the generation and circulation of black money and to ensure compliance with the laws concerning foreign exchange and prevention of money laundering.
The origin of the ED goes back to 1 May 1956, when an "enforcement unit" was formed, within the Department of Economic Affairs, for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act, 1947. In 1957, the unit was renamed as the Enforcement Directorate. [3]
The prime objective of the Enforcement Directorate is the enforcement of three key Acts [4] of the Government of India namely, the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA), and The Fugitive Economic Offenders Act, 2018 (FEOA).
The Directorate of Enforcement, with its headquarters at New Delhi, is headed by the Director, who is an officer of the rank of Additional Secretary to the Government of India. The Director is assisted by Special Directors, Additional Directors, Joint Directors, Deputy Directors, Assistant Directors, and Enforcement Officers. There are five regional offices at Mumbai, Chennai, Chandigarh, Kolkata, and Delhi headed by Special Directors.
Zonal offices of the directorate are at Pune, Bengaluru, Chandigarh, Chennai, Kochi, Delhi, Panaji, Guwahati, Hyderabad, Jaipur, Jalandhar, Kolkata, Lucknow, Mumbai, Patna, and Srinagar. [5] These are headed by a joint director.
The directorate has sub-zonal offices at Mangaluru, Bhubaneshwar, Kozhikode, Indore, Madurai, Nagpur, Allahabad, Raipur, Dehradun, Ranchi, Surat, Shimla, Vishakhapatnam and Jammu [5] which are headed by a deputy director.
For the trial of an offence punishable under section 4 of PMLA, the Central Government (in consultation with the chief justice of the High Court), designates one or more Sessions Court as Special Court(s). The court is also called "PMLA Court". Any appeal against any order passed by PMLA court can directly be filed in the High Court for that jurisdiction. [6]
The cases by ED have gone up six times in Prime Minister Narendra Modi's second term, which led to accusations by opposition parties stating that ED is being misused by the BJP for their political ends. [7] In April 2023, Supreme Court of India turned down a petition by 14 opposition parties accusing the Narenda Modi led government of misusing central agencies. [8] In August 2023, in a debate in the parliament, Minister of State for External Affairs Meenakshi Lekhi from BJP told the opposition, "keep quiet, or ED may arrive at your home" [9] [10]
ED has so far lodged 5906 Enforcement Case Information Report (ECIR), resulting in arrest of 513 persons. [11] In July 2023, data shared by the union government in the Parliament showed that only 31 has completed trial under the Prevention of Money Laundering Act (PMLA) in the last nine years. Of the 31 cases, 29 resulted in convictions. This equates to a conviction rate of 93.54%. [12] Though this figure exceeds the 57% national conviction rate for offences under the Indian Penal Code (IPC), [13] only 0.52% of PMLA cases have completed trial compared to 10.5% of IPC cases. [14] [15]
Directorate of Enforcement is having following hierarchy of the officers; Assistant Enforcement Officer-Enforcement Officer-Assistant Director-Deputy Director-Joint Director-Special Director-Director. However, with increasing workload and to adjust the hierarchical needs other designations like additional director are also introduced. Directorate recruits officers as Assistant Enforcement Officer (AEO). AEOs are promoted to various levels of hierarchy and serve the Directorate of Enforcement throughout their career however a large chunk of officers are taken on deputation at various level and they remain on temporary basis in ED for 2 to 5 years.
On 27 July 2022, The Supreme Court of India upheld the provisions of the act and retained the powers of the Enforcement Directorate under the PMLA, [17] [18] [19] which was criticised for putting the personal liberty of citizens at risk by the undue process allowed by the provisions of PMLA. [20] [21]
On 22 August 2022, Supreme Court accepted a petition to review its 27 July 2022 judgement which upheld core amendments made to the PMLA. [22] On 25 August 2022, Supreme Court said that two provisions need reconsideration: 1.) not providing a copy of the Enforcement Case Information Report to the accused, and 2.) reversal of the presumption of innocence. [23]
On August 21, 2023, in a significant ruling, the Supreme Court of India clarified that Enforcement Directorate (ED) officials are not equivalent to police officers and hence, cannot make arrests under the Prevention of Money Laundering Act (PMLA). The apex court's decision came in response to the case presented by V. Senthil Balaji and liquor syndicate racket in Chhattisgarh. Emphasizing the importance of adhering to the rule of law, the Supreme Court stated that the ED cannot operate as "a law unto itself." This landmark judgment underscores the boundaries of power and authority vested in the ED, ensuring checks and balances in its operations. [24] [25]
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