Current Affairs 3rd April 2024 for UPSC Prelims Exam

ED Powers to Summon

Context: The Supreme Court upheld the Directorate of Enforcement’s extensive authority, allowing it to summon “anyone for information,” while criticising four Tamil Nadu District Collectors for ignoring its summons.

About Enforcement Directorate

• Establishment: 1956
• Nodal Ministry: It operates within the Ministry of Finance, focusing on economic crimes.
• Reason for Establishment: Its creation aimed to address the growing concern over economic crimes and financial frauds.
  • Initially linked to the 1973 Foreign Exchange Regulation Act (FERA), the ED’s role expanded to include a broader range of economic offences, including money laundering and smuggling.
• Functions of ED: It enforces provisions of following laws:
  • The Foreign Exchange Management Act, 1999
  • The Prevention of Money Laundering Act, 2002
  • The Fugitive Economic Offenders Act, 2018
• Role of ED in relation to PMLA, 2002: The ED has been given the responsibility to enforce the provisions of the PMLA by conducting an investigation
  • to trace the assets derived from proceeds of crime,
  • to provisionally attach the property, and
  • to ensure prosecution of offenders and confiscation of property by the Special Court.

Powers Of ED

• The Director has the same powers as a civil court under the Code of Civil Procedure, 1908 while dealing with the following matters:
  • Discovery and inspection
  • Enforcing attendance of any person, including officers of a reporting entity
  • Compelling production of records
  • Receiving evidence on affidavits
  • Issuing commissions for witness examination and document review
    • Other prescribed matters
  • These powers are crucial for effective investigation and enforcement.
• Summoning Authority:
  • The Director, Additional Director, Joint Director, Deputy Director, or Assistant Director can summon any person during investigations or proceedings under the PMLA.
  • The summoned individuals must attend in person or through authorised agents, provide truthful statements, and produce requested documents.
• ED Arrest Authority: Section 19 allows authorised ED officials to arrest individuals.
  • Justification for Arrest: The arrest must be based on material in their possession that leads them to believe the person committed a PMLA offence.
  • Transparency Requirement:
    • Reasons for arrest must be documented in writing.
    • Grounds for arrest must be communicated to the accused as soon as possible.
  • Time Limit for Presentation: Anyone arrested must be brought before a designated court (Special Court, Judicial Magistrate, or Metropolitan Magistrate) within 24 hours.
  • Exception for Preventive Detention Laws: The 24-hour presentation requirement might not apply if the arrest falls under specific preventive detention laws.

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The Katchatheevu Story

Context: Ahead of Tamil Nadu’s Lok Sabha elections, the BJP revived the Katchatheevu debate, critiquing the 1974 cession to Sri Lanka for strategic interests, and sparking discussions on historical territorial decisions.

What is Katchatheevu Island?

• A 285-acre island located 33 km off the Indian coast and southwest of Sri Lanka’s Delft Island.
• Created by a volcanic eruption in the 14th century.
• Controlled by the Ramanad Raja kingdom from 1795 to 1803.
• Home to the 120-year-old St Anthony’s Church, attracting devotees from both countries.

1974 Agreement

• Both India and Sri Lanka claimed Katchatheevu since a 1921 survey.
• Indira Gandhi’s government signed an agreement in 1974, transferring the island to Sri Lanka but allowing Indian fishermen access for certain activities without needing travel documents.
• Tamil Nadu’s then Chief Minister, M Karunanidhi, reportedly acquiesced to the decision, despite later attempting to move a resolution against it in the state assembly.

Developments in 1976

• Post-Emergency, a new agreement settled the maritime boundary, granting India rights over the Wadge Bank, a rich fishing area south of Kanyakumari.
• The agreement limited Sri Lankan fishing in the area, with specific conditions for a temporary period.

The Situation After the Agreements

The 1990s and Beyond

• Increased use of efficient fishing trawlers by India and demands by Tamil Nadu to retrieve Katchatheevu.
• The end of the Sri Lankan civil war in 2009 saw stricter enforcement of maritime boundaries by Sri Lanka, affecting Indian fishermen.

Sri Lanka’s Stance

• Sri Lanka considers the issue resolved per international agreements and rejects linking it with the fishermen’s rights.

Supreme Court Involvement

• Jayalalithaa filed a petition in 2008 arguing against the ceding of Katchatheevu without a constitutional amendment.
• The matter remains pending, with the Supreme Court being told in 2014 that reclaiming the island would necessitate war.

Examples, Data & Case Studies for Value Addition

• Science and Conservation (GS 3): The Forest and Wildlife Department of Delhi is establishing a tissue culture laboratory at the Asola Bhatti Wildlife Sanctuary to generate saplings of threatened or rare native trees in the city.
  • The aim is to grow endangered native trees in a controlled environment and regenerate saplings for species facing regeneration challenges.
• Geography (GS 1): A recent study suggests that the accelerated melting of glaciers and ice sheets in Greenland and Antarctica due to climate change is affecting Earth’s rotation, potentially postponing the need for a “negative leap second” to keep clocks aligned with Coordinated Universal Time (UTC).

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