Delhi Chief Minister Arvind Kejriwal has made a bold statement suggesting that if Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) is abolished, a significant number of BJP leaders would leave the party. While facing allegations of the excise policy scam and subsequent money laundering, Kejriwal has accused the central agencies of being influenced by the Bharatiya Janata Party (BJP). In a video statement, he emphasized the importance of Section 45 and its potential impact on the political landscape.
Understanding Section 45 of the PMLA:
Section 45(1) of the PMLA establishes stricter criteria for granting bail in cases related to money laundering. It outlines two key conditions that must be fulfilled. Firstly, the public prosecutor must be allowed to contest the bail application before it is granted. Secondly, if the application is contested, the court must determine that there are substantial grounds to believe in the accused’s innocence and that the accused is unlikely to engage in criminal activities while released on bail.
The Burden on the Accused:
Under Section 45, the accused bears the responsibility of substantiating compliance with the dual criteria. This means that they must demonstrate reasonable grounds to believe in their innocence regarding the money laundering charges and provide assurance that they will not engage in criminal activities if granted bail.
Political Parties’ Objections to Section 45:
Political parties, including the Congress and the Aam Aadmi Party (AAP), have raised objections to Section 45 of the PMLA. They argue that its stringent provisions make it difficult for leaders arrested under the act to secure bail. Consequently, these leaders fear a prolonged period of incarceration. Parties such as the BJP are accused of leveraging this fear and using the Enforcement Directorate (ED) to pressure opposition leaders into joining their ranks.
Kejriwal’s Perspective:
Arvind Kejriwal’s statement regarding Section 45 reflects his belief that the provision plays a pivotal role in the BJP’s political strategy. He suggests that if the section were to be abolished, many BJP leaders would no longer have the threat of being denied bail hanging over them. Kejriwal goes further, asserting that without the coercive power of Section 45, leaders like Shivraj Singh Chouhan and Vasundhara Raje may choose to form their parties instead of remaining with the BJP.
The Impact on Political Dynamics:
The potential abolition of Section 45 could significantly alter the political landscape. If Kejriwal’s assertion holds, it implies that a considerable number of BJP leaders may have joined the party under duress, fearing prolonged detention due to the stringent provisions of the PMLA. Removing this threat could lead to a reshuffling of political alliances and the emergence of new parties formed by leaders who feel liberated from the pressure exerted by the BJP.
Conclusion:
Section 45 of the PMLA has become a contentious issue in the political arena, with Arvind Kejriwal suggesting that its abolition would prompt a significant exodus of BJP leaders. The provision’s stringent criteria for granting bail have been criticized by political parties who claim that it is used as a tool to coerce opposition leaders into joining the ruling party. Whether Section 45 will be abolished or amended remains uncertain, but its potential impact on political dynamics and party affiliations underscores the significance of this legal provision in the context of Indian politics.
-Prisha Jaiswal