New Delhi, September 26: The Supreme Court’s special bench will rule on the review petitions brought against its ruling in the Vijay Madanlal Choudhary case, which upheld the Enforcement Directorate’s (ED) authority to arrest, search, seize, and attach property in accordance with the Prevention of Money Laundering Act (PMLA).
Beginning on October 18, a three-judge panel made up of Justices S.K. Kaul, Sanjiv Khanna, and Bela M. Trivedi will hear the review petition submitted by Congressman Karti Chidambaram and other related cases.
In Vijay Madanlal Choudhary & Ors. v. Union of India & Ors., a three-judge panel rejected a challenge to the constitutionality of Section 50 of the PMLA, which gives the anti-money laundering agency the authority to call an accused person and record a statement that is acceptable evidence in court.
The strict provisions of the PMLA in relation to the definition of proceeds of crime, power of arrest, search and seizure, and attachment of assets, as well as the twin bail terms, were upheld in the 2022 ruling made by a bench led by Justice A.M. Khanwilkar (now retired).
On August 25, last year, a bench presided over by then-CJI N.V. Ramana decided to examine its PMLA judgement due to two key issues: the denial of the presumption of innocence and the failure to provide the accused with an ECIR at the time of arrest. The Chhattisgarh government filed a petition with the Supreme Court in April of this year, questioning the constitutionality of the PMLA and claiming that the central investigation agencies were being abused by those in authority to intimidate, harass, and obstruct the smooth operation of an opposition government in Chhattisgarh.
