The Supreme Court of India is currently undertaking a comprehensive review of its 2022 judgment that upheld the constitutional validity of the Prevention of Money Laundering Act (PMLA). This review encompasses a critical examination of the powers granted to the Enforcement Directorate (ED) in relation to arrests, searches, attachments, and seizures in money laundering cases.
Debate Over Review vs. Appeal
The bench, comprising Justices Surya Kant, C T Ravikumar, and Ujjal Bhuyan, has deferred the hearing until August 28th. This postponement allows the Solicitor General ample time to thoroughly examine the case, which was unexpectedly listed. A central question under consideration by the justices is whether the petitioners are genuinely seeking a review of the 2022 ruling or if their petition is, in essence, an appeal masquerading as a review.
Sibal’s Contention: A Flawed Judgment
Senior Advocate Kapil Sibal, representing several petitioners, asserts that the 2022 judgment is fundamentally flawed and necessitates a comprehensive review. Justice Ravikumar, however, raises the pertinent question of whether it is appropriate to advocate for a complete reversal of the judgment within the confines of a review petition, as this might blur the lines between a review and an appeal.
Historical Precedents: Nikesh Tarachand Shah and Vijay Madanlal Choudhary Cases
In 2017, a Supreme Court bench ruled the ‘twin test’ of bail under PMLA unconstitutional, deeming it “manifestly arbitrary.” This landmark ruling emphasized the presumption of innocence as a fundamental right and cautioned against the indiscriminate application of stringent provisions that could potentially infringe upon personal liberty.
However, in 2022, a three-judge bench overturned the 2017 decision in the Vijay Madanlal Choudhary vs Union of India case. This ruling upheld the twin conditions for bail under Section 45 of the PMLA, which mandates that the court must be satisfied that the accused is not guilty and is unlikely to commit further offenses before granting bail.
Key Issues Under Review: ECIR and Presumption of Innocence
A subsequent review petition, heard in August 2022, identified two crucial issues that require reconsideration: the necessity of providing the accused with a copy of the Enforcement Case Information Report (ECIR) and the reversal of the presumption of innocence.
Summary
The Supreme Court of India is meticulously re-examining its 2022 ruling that affirmed the constitutional validity of the Prevention of Money Laundering Act (PMLA). The court is grappling with the question of whether the petitioners are seeking a genuine review or an appeal disguised as a review. Senior Advocate Kapil Sibal argues that the 2022 judgment is fundamentally flawed and necessitates a comprehensive review, while Justice Ravikumar questions the appropriateness of seeking a complete reversal within the confines of a review petition. This case has a significant historical context, with a 2017 ruling declaring the ‘twin test’ of bail under PMLA unconstitutional being overturned in 2022. The current review focuses on two key issues: the necessity of providing the accused with a copy of the ECIR and the reversal of the presumption of innocence.
Key Learning Points
| Point | Description |
|---|---|
| PMLA Under Scrutiny | The Supreme Court is re-evaluating the constitutional validity of the PMLA and the powers of the ED. |
| Appeal or Review? | The court is determining whether the petitioners seek a genuine review or an appeal disguised as a review. |
| Sibal’s Argument | Senior Advocate Kapil Sibal contends that the 2022 judgment is flawed and requires a comprehensive review. |
| Historical Context | A 2017 ruling declaring the ‘twin test’ of bail under PMLA unconstitutional was overturned in 2022. |
| Key Issues for Reconsideration | The review focuses on the necessity of providing the accused with a copy of the ECIR and the reversal of the presumption of innocence. |
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
