A special bench of the Supreme Court will hear today petitions seeking review of the 2022 judgment in Vijay Madanlal Choudhary v.Union of India which upheld the various provisions of the Prevention Money Laundering Act (PMLA) relating to arrest, search, seizure, bail etc.
The bench comprising Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan will hear the matters at 2 PM today. The lead review petition is filed by Congress MP Karti P Chidambaram.
The review petitions are getting listed for hearing for the first time tomorrow after the issuance of notice on August 25, 2022. On August 24, 2022, the Court had allowed the application for open court hearing of the review petitions.
While issuing notice on the review petitions, a bench led by the then Chief Justice of India NV Ramana had orally observed that at least two conclusions of the judgment required relook - that the copy of the ECIR (Enforcement Case Information Report, the equivalent of FIR in money laundering cases) need not be given to the accused and the upholding of the reversal of the presumption of innocence.
Follow this page for live updates from the hearing.
Sibal: Affidavit will reflect itself. An affidavit will not change order of the court
J Kant: Please give us a brief
Sibal: It's already there. All issues we think have been wrongly decided are before your Lordships...it's all there.
SG: Immediately after notice was issued, two issues were identified by Court
J Kant: Some legal issues we think yes there is error in our understanding...
Sibal: Once it is in open court, we are entitled to persuade your Lordships that the judgment...
J Kant: We will keep it on 23rd August
SG: Can it be after a week?
J Kant: Alright, 28th. We will start around 11.30. Make arrangements
J Ravikumar: Can this partake character of appeal? It is to be seen ...
J Kant: We will give ample time
Sibal: Fix it for 2-3 days in a row so it can be over
SG: It was uploaded suddenly
J Kant: Yes, post 9 pm. Mr Sibal?
Sibal: Now it's open court...the judgment needs to be fully reviewed
J Bhuyan: The two issues to be considered have been defined...
SG Mehta: Since review is listed suddenly, we need to go through it. If your Lordships can consider having it on any other day
Sr Advs Kapil Sibal and Dr AM Singhvi appearing for review-petitioners
Solicitor General Tushar Mehta and ASG SV Raju representing Enforcement Directorate (ED)