PMLA Judgment Reconsideration : Live Updates From Supreme Court [Day 2]

Khanna J: Here, the legislature in its wisdom, reenacted the section...What has been reiterated by this court is removing the basis. They feel that they have removed the basis.

Singhvi: I'm on obliteration...

Khanna J: Your argument is: What was struck down as manifestly arbitrary was a stringent condition, but that has now been increased...Earlier it was three years, but now after its increase, the three-judge bench has upheld it despite the two judges' opinion...

But, Dr Singhvi, a three-judge bench could have taken a different view. 

Trivedi J: Where have they said that they are saving something...

Singhvi starts reading from Nikesh Tarachand Shah.

Kaul J: Regard being had to the above, we declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional...This is the position.

Trivedi J: With respect, the fact that they struck down...

Trivedi J: According to this judgment, entire Section 45 is struck down. So where was the question...Is it not inconsistent?

Singhvi: Next line, there's a clarification that they are severing.

Singhvi continues reading out from Nikesh Tarachand Shah (2017) -

Singhvi reads out from Nikesh Tarachand Shah v. Union of India (2017) -

Singhvi: Vijay Madanlal...Is Section 45 obliterated by Nikesh Tarachand? If not obliterated, then, what is the consequence? Answer to first question if wrong, then obviously answer to second question will also be wrong. Please see Nikesh Tarachand...

Singhvi: What did you strike down, what is the effect of striking down...

Trivedi J: Was it only a declaration or was there any direction to strike down from the statute?

Singhvi: Court says something is unconstitutional, it doesn't need to be accompanied by a direction saying strike it down from the statute. 

Singhvi: Basis of the public prosecutor opposing or not, to what extent to oppose...entirely uncanalised. Then, look at the phrases 'satisfied' and 'believing'...

Khanna J: Similar provisions of the NDPS Act have been upheld. I went through the judgment to see what reasoning was given.