Concept Of PMLA Not To Keep Accused Somehow In Jail : Supreme Court To ED

The Supreme Court today (February 12) while granting bail to an IAS officer accused in the Chhatisgarh liquor scam observed that provisions of PMLA cannot be misused to keep individuals in jail. 

The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, was considering the bail petition of an accused in a PMLA matter arising out of the alleged Chhattisgarh liquor scam. Justice Oka noted that the accused was arrested on August 8, 2024, and since then remained in custody despite the High Court quashing the session court's order taking cognizance of the complaint. 

Justice Oka verbally said : 

"Concept of PMLA cannot be to ensure that a person should remain in jail. I will tell you frankly, looking at several cases, See what happened in 498A cases, if this is the approach of the ED...very very serious offence, but if the tendency is to keep the person somehow in jail, even after cognizance is quashed, what can be said?"

Additional Solicitor General, SV Raju appearing for the Enforcement Directorate (ED) informed the bench that the order for cognizance was quashed on the grounds that sanction from the government was not taken and not that an offence is not made out. Sr Adv Meenakshi Arora appeared for the appellant. 

Justice Oka added, "What kind of signals we are giving? Order taking cognizance is quashed- maybe whatever grounds, and the person is in custody since August 2024. What is all this?" 

The bench granted bail to the accused holding that his custody cannot be continued after the quashing of the cognizance order. "The Court added that if the bail conditions are flouted, then liberty is granted to Authorities to move for cancellation of bail. 

A detailed report of the hearing can be read here.

Case Details: Arun Pati Tripathi v. Directorate of Enforcement | SLP(Crl) No. 16219/2024

Click Here To Read/Download Order