Lawstreet Journal

Plea Seeking Transparency in Enforcement Directorate’s Functioning Filed in Bombay HC

Lawstreet Journal 28 Sep 2020 9:18pm

Image courtesy: Lawstreet Journal Judiciary Plea Seeking Transparency in Enforcement Directorate’s Functioning Filed in Bombay HC

A petition pointing out the lack of transparency in the functioning of the Enforcement Directorate was filed in the Bombay Hugh Court. This plea urged that all ED Case Information Reports and orders that refuse the registration of ECIR should be displayed on the ED’s official website. The petitioner, Advocate Ghanshyam Upadhyay stated there was an absence of a communication channel between the ED and the common people. This dissuades people from assisting the agency with information, “when nationalist/ patriotic citizens want to approach ED to provide valuable inputs.”

The plea also stated when an investigating agency registered a “scheduled offence,”, such agency has an obligation to forward such copy of the FIR to the ED. This enables the ED to perform an independent examination. On the basis of this examination, it decided whether ECIR should be registered or not.

This is given under Section 39 of the CrPC,1973 read with Section 176 of the Indian Penal Code, 1806.

Section 39 of the CrPC, 1973 reads as, “ Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code, (45 of 1860 ) shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.” 

Section 176 of the IPC, 1806 reads as, “Omission to give notice or information to… Continue Reading...


Tagged: Enforcement Directorate  
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