A Bench of Chief Justice of India (CJI) NV Ramana with Justices Dinesh Maheshwari and CT Ravikumar said that while the objective of PMLA is noble and the offence of money laundering is serious, certain aspects of the judgment would need a relook.
The two aspects which the Court specifically highlighted are not providing accused with the Enforcement Case Information Report and reversal of presumption of innocence.
“We are completely in support of prevention of black money or money laundering. Country cannot afford such offence. Object is noble. (But) no providing of ECIR and reversal of presumption of innocence which are two issues which needs reconsideration as per us,” the CJI remarked.
We will issue notice and let the Centre respond, the Court said.
Solicitor General (SG) Tushar Mehta, however, opposed the same.
“Error in judgment cannot be a ground of review. This is not a standalone provision and we are part of the larger global structure and Supreme Court held it is in tune with international and constitutional scheme,” he said.
“We are not opposing govt to stop money laundering or bringing back black money and these are serious offences,” the CJI said.
“But this will have global repercussions,” the SG replied.
“It is a serious thing, we are not doubting objective of govt. But there are prima facie issues. We issue notice. Let writ petitions be heard along with review,” the CJI stated.
The Court then issued notice to the Central government and ordered that interim protection granted would stand extended for 4 weeks.
“List after 4 weeks and place before the CJI,” the Court ordered.
Source: Barandbench
