New Delhi, Mar 7 (UNI) The Supreme Court adjourned the hearing on a petition challenging the constitutional validity of several provisions of the Prevention of Money Laundering Act (PMLA) 2002, directing that the matter be listed before a three-judge bench.
A Bench comprising Justices Surya Kant and N. Kotiswar Singh on Thursday noted the necessity of a larger bench to hear the case.
The petition, filed by Congress MP Karti Chidambaram, seeks a review of the Supreme Court’s July 2022 judgment, which upheld key provisions of the PMLA.
During the proceedings, Senior Advocate Kapil Sibal, representing the petitioners, informed the Court that the registry had not scheduled a specific date for the hearing. In response, Solicitor General Tushar Mehta and Additional Solicitor General S.V. Raju requested that the matter be taken up in the last week of April or the first week of May this year.
The Supreme Court adjourned the case to a later date, stating that counsel would be notified accordingly.
The July 2022 ruling by the Supreme Court upheld various provisions of the PMLA, reinforcing the broad investigative and arrest powers of the Enforcement Directorate (ED). The judgment made key determinations, including ED’s inquiries differ from criminal investigations.
The Court ruled that procedural safeguards under the Code of Criminal Procedure (CrPC) do not apply to ED investigations.
No Right to Enforcement Case Information Report (ECIR) – Unlike an FIR, the ECIR was deemed an internal document and not required to be shared with the accused.
The Court upheld the stringent bail provisions under the PMLA, which place the burden on the accused to prove their innocence before the bail is granted.
Several other review petitions challenging the July 2022 judgment have been consolidated with Karti Chidambaram’s case. The next date of hearing is yet to be determined. Advocate Shally Bhasin appeared for the petitioner in this matter.
