SC reconstitutes Bench to hear pleas on ED powers

The Supreme Court has reconstituted a three-judge Bench that will take up petitions seeking a review of its Vijay Madanlal Choudhary case verdict, which upheld stringent provisions of the Prevention of Money Laundering Act (PMLA), 2002.

Earlier, a Bench of Justice Surya Kant, Justice Bhuyan and Justice CT Ravikumar was hearing the matter. In view of Justice Ravikumar’s retirement on January 5, the Bench has been reconstituted.

Now, Justice N Kotiswar Singh has replaced Justice Ravikumar in the reconstituted Bench that will take up petitions seeking a review of the 2022 verdict.

On July 27, 2022, the Supreme Court had upheld the validity of several stringent provisions of the Prevention of Money Laundering Act (PMLA), which gave the Enforcement Directorate wider powers of arrest and seizure and made it difficult for the accused to obtain bail.

A three-judge Bench, led by Justice AM Khanwilkar (since retired), had said that supply of Enforcement Case Information Report (ECIR) under the PMLA proceedings was not mandatory as it’s an internal document that can’t be equated with an FIR.

The Bench had also upheld the validity of “twin conditions” for bail under the amended Section 45 of the PMLA -- prosecutor is given opportunity to oppose the bail plea and that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.

The top court had in August 2022 agreed to hear petitions seeking review of its verdict, saying two aspects—not providing an ECIR and reversal of the presumption of innocence—“prima facie” needed reconsideration.