The Supreme Court has initiated a review process of the provisions of the PMLA Act. The Court will first debate the validity of the petitions, then hear in detail on 13 legal issues.
PMLA SC: The Supreme Court is now seriously considering the review petitions filed regarding the validity of various provisions of the PMLA (Prevention of Money Laundering Act), a law related to money laundering. During the hearing on Thursday, the Court clarified that it will first determine whether these review petitions should be accepted or not. Only after this will the hearing proceed on the 13 proposed issues.
What is the matter?
In fact, in a matter related to the validity of the PMLA, a bench of the Supreme Court had earlier upheld most of the provisions of the law in July 2022. Several petitions have been filed challenging this decision, stating that the Court should reconsider this decision. The petitioners argue that some provisions violate civil rights and give excessive power to the agencies.
Arguments of the Petitioner Side
During the hearing, senior advocates Kapil Sibal and Abhishek Manu Singhvi informed the Court that they have prepared 13 important legal questions that should be reviewed. Sibal said that there was no condition imposed by the Court earlier to limit it to only two issues, and now all these points should be debated. He also said that in another case, the Court had already issued a full notice.
Objection of the Enforcement Directorate and Court's Directive
Initially, three issues have been proposed by the Enforcement Directorate (ED). The court said that for the time being, they will only discuss the points that are duly registered. Since these are review petitions, the court will first decide whether they can be accepted.
The bench headed by Justice Suryakant said, "We would first like to have arguments on the preliminary issues. After that, we will also decide which legal questions are for our consideration."
Court's stance and next step
The Supreme Court has clarified in this matter that it is not rejecting any question, but the prescribed procedure regarding the acceptance of review petitions will be followed. Only if these petitions are valid and meet the judicial standards, will the 13 points be heard in detail.
Justice Suryakant said, "We are leaving everything open for now, so that all parties can get a fair hearing."
Why is this matter important?
During the tenure of the PM Modi government, allegations have been repeatedly made regarding the money laundering law (PMLA) that it is being used against political opponents and critics. Opposition parties have described it as being against democratic rights. Criticism increased after the Supreme Court upheld it as valid in 2022.
