SC Criticises Trend Of Seeking Bail Under Guise Of Challengi

SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases

SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases

Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated.

Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 petitions to challenge a summons or seek bail under the guise of calling into question the provisions of the Prevention of Money Laundering Act (PMLA).

A vacation bench of Justices Bela M Trivedi and Prashant Kumar Mishra, said filing such petitions challenging an Act, and in the process seeking consequential reliefs, amounts to bypassing other available legal remedies.

“The court is constrained to observe that despite the Vijay Madanlal judgment there is a trend prevailing in writ petitions filed before this Court under Article 32 challenging the constitutional validity of Sections 15 and 63 and other provisions of the PMLA, which has been decided finally, and then seek consequential relief. These reliefs are bypassing other forums which are open to the petitioners,” the bench said.

The apex court had in the Madanlal judgement upheld the Enforcement Directorate’s powers related to arrest, attachment of property involved in money laundering, search and seize under the Prevention of Money Laundering Act.

Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated.

The apex court’s observations came while hearing a batch of petitions filed by people facing probe in the alleged liquor scam case in Chhattisgarh.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), raised serious objections about the maintainability of the pleas.

The government law officer pressed for some observations made by the court against such pleas to be recorded in the order.

Mehta said there is a new trend to file a petition challenging the constitutionality of a law and then get a no coercive action order, which is actually an anticipatory bail.

“This must be deprecated in no uncertain terms. People are being approached that instead of asking for anticipatory bail challenge the vires of the legislation. There needs to be some observation (in the order),” the SG said.

Additional Solicitor General SV Raju echoed Mehta’s submission and said the practice of approaching the top court with such repetitive pleas needs to stop.

The comments from the law officers came after senior advocate Abhishek Singhvi, appearing for one of the petitioners, sought permission to withdraw the plea with liberty to move the high court for bail.

The bench remarked the apex court is becoming an alternative forum. Instead of going to the high court and challenging the provisions of the law there, the accused were contesting the summons in the Supreme Court, it said…
Source

Latest Supreme Court
Search Here

Latest Posts

Card image

Deactivated Mobile Number Not Assigned To New User For 90 Days, TRAI Tells Supreme Court; WhatsApp Data Removed When Account Inactive For 45 Days

The Telecom Regulatory Authority of India (TRAI) has told the Supreme Court that once a cellular mobile telephone number is deactivated for non-usage or disconnected on the request of the subscriber, it is not allocated to a new subscriber for ...

Card image

Who Should Appoint India’s Election Commissioners? The Constitutional Debate Before the Supreme Court

India’s Election Commission occupies a unique position in the constitutional structure. It is responsible for conducting elections to Parliament, State Legislatures and the offices of the President and Vice-President, making its institutional independence central to the functioning of representative democracy. ...

Card image

Transgender Persons Can Avail Of Already Earmarked Reservations, The Centre Tells : Supreme Court

The Centre has informed the Supreme Court that transgender persons can avail the already earmarked reservations in jobs and educational admissions and there is no separate reservation being provided to them. In 2014, the top court directed the Centre and ...

Card image

Muzaffarnagar slapping case: SC pulls up UP govt over delay in student counselling

After perusing the state reply Friday, the bench said it reflected that the counselling process had not been done yet. “It is not reflected, it is not being done,” said Justice Oka. The Supreme Court Friday pulled up the Uttar ...

Card image

Children Born Out Of Irregular Marriage Legitimate Muslim Law – Supreme Court

The Rajya Sabha has passed the JThe Supreme Court has noted that children born out of irregular marriages, including one between a Muslim man and a Hindu woman, are legitimate and therefore eligible to inherit intestate property as per applicable ...

Card image

Dividend Income From Indian Entity's Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court

The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law