PMLA judgement review: SC adjourns hearing till August 28

New Delhi: The Supreme Court on Wednesday fixed August 28 for hearing on a batch of petitions seeking review of the 2022 judgment in the Vijay Madanlal Choudhary case, which had upheld the ED's powers related to arrest, searches, seizures, and attachment of property, under the Prevention of Money Laundering Act (PMLA).

A special bench, headed by Justice Surya Kant, agreed to adjourn the hearing on Solicitor General Tushar Mehta’s request.

SG Mehta, the second highest law officer of the Centre, appearing on behalf of the Enforcement Directorate (ED), submitted that the matter was suddenly notified for hearing and he may be allowed some time to prepare and argue the matter.

The matter will now be heard by the bench, also comprising Justices C.T. Ravikumar and Ujjal Bhuyan, on August 28.

In the case of Vijay Madanlal Choudhary & Others vs Union of India & Others, a three-judge bench had turned down the challenge to vires of Section 50 of the PMLA giving power to the ED to summon an accused and record the statement, which is admissible evidence in the court of law.

The 2022 decision rendered by a bench headed by Justice A.M. Khanwilkar (now retired), affirmed the stringent provisions of PMLA in connection with the definition of proceeds of crime, power of arrest, search & seizure, attachment of properties and also the twin bail conditions.

Subsequently, a bench headed by then CJI N.V. Ramana had agreed to review its PMLA judgment for two main concerns -- non-providing of ECIR to the accused at the time of arrest, and negation of presumption of innocence.

A special bench headed by Justice Sanjiv Khanna is dealing with another batch of petitions seeking reconsideration of the 2022 PMLA judgment and its reference to a larger bench.