PMLA inverts Criminal Law Idea
PMLA triggerable on every of your transaction linked to living; an
unprecedented & impossible concept of Criminal Law
Prevention of Money Laundering Act, 2002 (PMLA) Transcends Time & Territory (TTT). This means no Territory & no Time is immune from it. YOU, ME & ALL are under its clutch. If not triggered as yet, we are either at the benevolence of Enforcement Directorate (ED), a Central Govt. Agency, or their lack of infrastructure for their entire existing infrastructure busy prosecuting others.
Mind you, it has Inverted the
IDEA of LAW on every count through
inscription of “WE
HAVE REASONS TO BELIEVE”, making the Executive/Public Institutions,
an Intermediary,
a Complainant,
an Investigator,
a Prosecutor
while withholding
many natural Powers
of the Court including in particular grant of Bail.
It was JUSTIFIED
by Parliament on ground of “Organised
Trans-Border Heinous Crime.”
One IMPORTANT
factor in USA
under terrorist attack (09.11.2001), known as Twin-Tower attack, foisted this law globally to make immediate
control over suspected terrorists through a globally monitored & networked
mechanism to avoid local Law web.
Over 2 decades it received
substantial transformation to its
present avatar with justification
shifting from the then Original Reason (supra) to the present Reason, "To protect the FINANCIAL INTEGRITY of the Nation".
COMPARE this change
of Reason carefully. With TTT as its shape, test PMLA
1.
If anyone is beyond the Jurisdiction of ED &
2.
Could any sane man give this
level of Power even in his wildest
dream to his representative/ Public
Institutions to test if such Law-Making Power does exist with Parliament?
RESPONSIBILITY lies in navigating the debate
on Scale of Law than anything else including Political one for it covers 100%
world population of today, yesterday & tomorrow. Thus,
1. Knowing is
empowering,
2. Spreading is
safeguarding &
3. Engaging in a healthy debate
is securing.
More than anything else, time has come to define Entry 97 of Union List of 7th Schedule of The Constitution of India by
understanding & reflecting on "WE THE PEOPLE OF INDIA" in Preamble
if any seamless Power of the nature in PMLA is ever contemplated & is naturally
permissible, “a 4th dimension of
Constitutionality TEST of any Legislation”.
NOTE: I don't want to bring a Political debate but tempted to reflect that "On a POLITICAL SCALE, Poor State Govts are clueless that their criminal Jurisdiction is usurped & used left, right & centre & ironically against their own ministers & executives to their surprise & dismay."
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