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SC flays 'very disturbing' trend of seeking bail under guise of challenge to PMLA

Mehta submitted that there is a trend, first challenge law’s constitutionality and then get a no coercive action order, which is an anticipatory bail
Last Updated 30 May 2023, 17:10 IST

The Supreme Court on Tuesday frowned upon the "very disturbing" methodology adopted by the accused in which they challenge validity of the provisions of the Prevention of Money Laundering Act (PMLA) in order to get protection from summons or apply for bail.

A vacation bench of Justices Bela M Trivedi and Prashant Kumar Mishra said such petitions against PMLA, in the process seeking consequential reliefs, amounts to bypassing other forums available to the petitioners.

Citing the Vijay Madanlal judgement, the bench said that despite this, a trend is prevalent that petitions filed are filed under Article 32 of the Constitution challenging the Constitutional validity of some sections and provisions of the PMLA, which has been decided, and then seek consequential relief.

Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), vehemently objected to the maintainability of such pleas and requested the court to record some observations in the order against such petitions.

Mehta submitted that there is a trend, first challenge law’s constitutionality and then get a no coercive action order, which is an anticipatory bail.

"People are being approached that instead of asking for anticipatory bail challenge the vires of the legislation,” he said.

Additional Solicitor General S V Raju, also representing the ED, agreed with Mehta’s submission.

The law officers made these submissions after senior advocate Abhishek Singhvi, representing one of the petitioners, sought court’s permission to withdraw the plea with liberty to approach the high court for bail in the liquor scam case in Chhattisgarh, investigated by the ED.

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(Published 30 May 2023, 17:09 IST)

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