Karnataka High Court Rules ED Not a 'Super Cop,' Cannot File Private Complaints for Scheduled Offenses
The Karnataka High Court has ruled that the Enforcement Directorate (ED) does not possess the authority to act as a 'super cop' and cannot file private complaints before a magistrate court to initiate investigations into scheduled offenses. Justice M.I. Arun emphasized that the ED's power under the Prevention of Money Laundering Act (PMLA) is derivative, meaning it relies on the existence of a predicate offense. The court clarified that if a predicate offense is dismissed for any reason, money laundering proceedings cannot continue. Furthermore, the ED is not empowered to file a private complaint if local police or authorities do not act upon information shared by the ED regarding a scheduled offense. This ruling came as the court quashed money laundering proceedings against Congress leader K.Y. Nanje Gowda and others, ordering the return of seized articles. The court stated that allowing the ED to file private complaints would permit it to act as a 'super cop,' which goes against the philosophy of the PML...
