New Delhi: The Supreme Court on Wednesday fixed September 18 for hearing 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).
Senior advocate Kapil Sibal, representing the review petitioners, requested a bench headed by Justice Surya Kant to re-list the matter for hearing on September 18.
The special bench, also comprising Justices C.T. Ravikumar and Ujjal Bhuyan, did not assemble on Wednesday due to the non-availability of Justice Ravikumar.
Solicitor General Tushar Mehta, appearing on behalf of the Enforcement Directorate (ED), did not object to tentatively listing the matter for hearing on September 18.
In the previous hearing, the top court agreed to adjourn the hearing on SG Mehta’s request, who submitted that the batch of petitions was suddenly notified for hearing and he may be allowed some time to prepare and argue the matter.
A three-judge bench, in the case of Vijay Madanlal Choudhary & Others vs Union of India & Others, 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.
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