New Delhi: The Karnataka high court has said that the Enforcement Directorate (ED) is not a super cop to investigate anything and everything which comes into its notice. In a significant ruling it has said that once a predicate offence is dismissed for any reason, proceedings under the Prevention of Money Laundering Act (PMLA) cannot continue. The court also held that ED does not have powers under the PMLA to file a private complaint before the magistrate court seeking investigation against persons suspected to be involved in a scheduled offence, when information shared by it with the local police/authorities is not acted upon, reports LiveLaw.In an order, quashing proceedings regarding money laundering against Congress leader K.Y. Nanje Gowda and others, it directed ED to return the seized articles to the petitioner. The bench said, “The ED is not a super cop to investigate anything and everything which comes into its notice. Section 66(2) of PMLA envisages that if the ED is of the opinion that it is having certain materials which constitute a scheduled offence, then in that event, the same should be forwarded to the concerned agency.”“The Act does not expressly empower the ED or the authorities under the PMLA to prefer private complaint in respect of a scheduled offence and on the strength of it, thereafter, take up investigation against the accused therein under the provisions of PMLA.” The power of ED under the PMLA Act is derivative and not original, the court went onto underline. It said it cannot initiate an investigation suo-motu based on a standalone suspicion of money laundering; if there is no existence of the predicate offence, then in that event, proceedings under PMLA cannot exist.In strong words that weigh in on the view that ED, a unit of the finance ministry must not be allowed to overreach, Justice M.I. Arun said that maintaining law and order is the responsibility of the state and not the Union government. The judge also said that filing of a private complaint by the ED is not contemplated under the PMLA. The case under review concerns an alleged land/jobs irregularity against the Congress leader Gowda who was the chairman of the Land Grant Committee of Malur in Kolar district when some allegations were levelled against him and other members of the committee, that they had recommended grant of land measuring about 80 acres for about 38 persons. It was claimed that this was done by misusing their official position.ED had taken many steps in 2023, treating the registration of the crime as a predicate offence and then gone ahead in 2024 and filed a private complaint seeking that the case (the job ‘scam’) be referred to Lokayukta Police for investigation alleging offences under the Prevention of Corruption Act, reports LiveLaw.The ED has been under fire for being over-enthusiastic about registering and pursuing cases involving opposition leaders. In 2022, The Indian Express found that since 2014, 95% of cases registered against politicians were against opposition leaders. It also recorded a four-fold increase in cases against politicians since 2014. The Modi government told parliament in March, 2025 that there had been only two convictions out of the 193 cases registered by ED against MPs, MLAs and local body members in the last 10 years. One conviction took place in 2016-’17, and another took place in 2019-’20, the Centre told parliament.