Top court frowns upon accused moving it directly in PMLA cases

Tribune News Service

New Delhi, May 30

The Supreme Court on Tuesday described as “disturbing” the practice that accused directly approach it under Article 32 of the Constitution to challenge summons or seek bail in money laundering cases in the guise of questioning the Prevention of Money Laundering Act (PMLA).

“The kind of practice that is going on here in this court is very disturbing,” a Vacation Bench led by Justice Bela M Trivedi said while hearing petitions filed by several accused facing probe in the alleged liquor scam case in Chhattisgarh. It amounted to bypassing other available legal remedies, the Bench added.

The Supreme Court was becoming an alternative forum as instead of moving the high court and challenging the provisions of the law there, the accused were contesting the summons in the Supreme Court, it noted.

“The court is constrained to observe that despite the Vijay Madanlal judgment, there is a trend prevailing in writ petitions filed before this Court under Article 32 challenging the constitutional validity of Sections 15 and 63 and other provisions of the PMLA, which has been decided finally, and then seek consequential relief. These reliefs are bypassing other forums which are open to the petitioners,” the Bench said.

In the Madanlal verdict, the top court upheld the Enforcement Directorate’s powers related to arrest, attachment of property involved in money laundering, search and seizure under the PMLA.

Article 32 gives fundamental right to every individual to directly approach the SC for enforcement/protection of fundamental rights.

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