What Is PMLA Section 45 That Arvind Kejriwal Thinks Will Disintegrate BJP If Abolished?

The Enforcement Directorate today issued a sixth summon to Delhi Chief Minister Arvind Kejriwal in connection with the alleged excise policy scam and subsequent money laundering allegations. While the Chief Minister has so far skipped all summons, he has been vocally criticising the ED saying that the central agencies are playing at the hands of the Bharatiya Janata Party. Now, in a new video, CM Arvind Kejriwal was heard saying that if Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) is abolished, half of the BJP leaders would leave the party. 

"Today if we stop ED and abolish Section 45 of PMLA, half of the politicians will leave BJP. They (ED) are the only agency responsible for the leaders joining the BJP. No one will join the BJP. Leaders like Shivraj Singh Chouhan and Vasundhara Raje will form their own parties if section 45 of PMLA is abolished," said Kejriwal.

What Is Section 45 Of The PMLA?

The PMLA (Prevention of Money Laundering Act) stipulates a more stringent criterion for the approval of bail. Section 45(1) of the PMLA, it mandates two conditions: firstly, prior to granting bail or bond, the public prosecutor must be given an opportunity to contest the application. Secondly, if the application is contested, the court must ascertain that there are substantial grounds to believe that the accused is innocent of the alleged offence and is unlikely to engage in criminal activities while released on bail.

Under this, the accused bears the responsibility of substantiating compliance with the dual criteria outlined in Section 45 of the PMLA. This entails demonstrating that there exist reasonable grounds to believe in the accused's innocence regarding the money laundering charge and providing assurance that the accused is unlikely to engage in any criminal activities while on bail.

Why Do Political Parties Object To Section 45?

Political parties believe that since Section 45 makes getting bail difficult, thus leaders who are arrested under the PMLA fear not getting bail and spending time behind bars and therefore, under pressure, they join the BJP. Parties like Congress and AAP have claimed that BJP threatens opposition leaders using the ED and force them to join the saffron party.