PMLA Judgment Reconsideration : Live Updates From Supreme Court Hearing

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22 Nov 2023 10:34 AM IST

  • PMLA Judgment Reconsideration : Live Updates From Supreme Court Hearing

    The Supreme Court will hear today a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary v. Union of India which upheld the constitutional validity of several provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search and seizure by the Enforcement Directorate (ED), the stringent bail conditions and the reversal of burden of...

    The Supreme Court will hear today a batch of applications seeking reconsideration of its judgment in Vijay Madanlal Choudhary v. Union of India which upheld the constitutional validity of several provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, search and seizure by the Enforcement Directorate (ED), the stringent bail conditions and the reversal of burden of proof.

    A special bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna and Bela M Trivedi is hearing the matter.

    Follow this page for live-updates.

    Live Updates

    • 22 Nov 2023 3:26 PM IST

      Sr Adv AM Singhvi: In innumerable cases, S120B is added as a stand-alone offence.

      Khanna J: That issue came up before me. I said S 120B is colourless, it will only be an offence with a parent offence. Therefore, unless parent offence is included, S 120B standalone will not make it...

    • 22 Nov 2023 3:13 PM IST

      Khanna J says though 120B is a stand-alone offence, ED can't invoke PMLA citing 120B, when the alleged conspiracy is not related to a scheduled offence.

    • 22 Nov 2023 3:11 PM IST

      Sibal: Through the explanation to Section 3, they changed the meaning of the provision, changing 'and' to 'or'. This was upheld as clarificatory in Vijay Madanlal.

      Khanna J: Right from the beginning?

      Sibal: Now they say it's retrospective.

    • 22 Nov 2023 2:59 PM IST

      Sibal: I've linked S 19 with S 50. I'm not challenging S 19, but I'm saying the whole objective of the act is to prosecute and punish me. If this is a penal statute, and these are police officers, very substratum of judgment goes.

    • 22 Nov 2023 2:55 PM IST

      Sibal: The impact is enormous. It affects the polity of our country because of the enormous powers...Dangerous...Even in Income Tax Act, they use it...

      Khanna J: In IT Act, how can they do?

      Sibal: Many such cases. 

    • 22 Nov 2023 2:51 PM IST

      Trivedi J (to Sibal): Were you in opposition when this act was enacted in 2002?

      Sibal: That's not a fair question, I'm sorry. What they have done with the act, we never did. Subsequent amendments...

    • 22 Nov 2023 2:47 PM IST

      Sibal: If I'm being summoned, I should be told why. If I'm involved in any predicate offence, I should be told about it. Because before the summons are executed, I may exercise my rights, for whatever they are worth.

      (refers to plea by Govind Singh, Congress MLA and Madhya Pradesh assembly's leader of opposition)

    • 22 Nov 2023 2:40 PM IST

      Sibal: What is the material in his possession? I'm called, but I'll not know why. At no stage, am I getting the ECIR. During remand and all, I'll get to know anyway, but by then, I have lost my chance to apply for anticipatory bail. Then it's an Art 21 violation.

      Sibal: ADM Jabalpur was set aside after so many years. AK Gopalan was set aside. Judgments are set aside because new paradigms emerge...liberty of the people...

    • 22 Nov 2023 2:40 PM IST

      Sibal: If I am being summoned by a police officer or an official having the statutory authority to record my statement, then I ought to know why and in what capacity I'm being called. Art 21 violation...

      Trivedi J: You are not deprived of your personal liberty, you are just being called to assist an investigating officer. I want to know how Art 21 comes to play. Here, you are merely summoned...

      Sibal: Art 21 is right to liberty. If I don't know if I'm an accused, how will I approach the court for anticipatory bail and exercise my constitutional right?

    • 22 Nov 2023 2:32 PM IST

      Khanna J: When you are summoned under S 41A CrPC, there are details.

      Sibal: But the ED summons not under S 41A, but under the PMLA.

      Khanna J: That's right.

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