Enforcement Directorate is not a ‘super cop’, says Karnataka High Court
ED cannot file private complaint when other agencies decline to act on its information on alleged offences, court said while quashing ED cases against K.Y. Nanjegowda, Congress MLA from Malur
The Karnataka High Court has ruled that the Enforcement Directorate (ED) is not a "super cop" and cannot independently file private complaints to start investigations into money laundering when other agencies decline to prosecute. The court emphasized that the ED's power under the Prevention of Money-Laundering Act (PMLA) is "derivative and not original".
This means the ED can only take action when explicitly permitted by the PMLA, and cannot file complaints on its own initiative when other competent agencies decline to act. The judgment comes after Congress Party MLA K.Y. Nanjegowda, as Chairman of the Kolar and Chikkaballapur Milk Union Ltd., challenged the ED's actions in a money laundering probe.
The court stated that the ED can only share information with other agencies, and not independently investigate offenses if the other agencies decide not to prosecute.
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Also reported by 1 other outlet
- 'ED is not a super cop': Karnataka HC quashes ECIR against Congress MLA, others timesofindia.indiatimes.com
