In a crucial update on the review petitions against the Vijay Madanlal Choudhary judgment, which upheld several provisions of the Prevention of Money Laundering Act (PMLA), the Union Government informed the Supreme Court that the review hearing should be limited to two specific issues flagged during the initial notice in August 2022.
A Supreme Court bench comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh briefly heard the review petitions. Solicitor General (SG) Tushar Mehta emphasized that the bench had issued notice only on two limited aspects:
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- The supply of the Enforcement Case Information Report (ECIR) to the accused.
- The reversal of the burden of proof under Section 24 of the PMLA.
Although these issues were not explicitly mentioned in the order, the Union filed an affidavit the following day, clarifying the scope of the review. SG Mehta pointed out that the petitioners have not challenged this affidavit, arguing that review petitions cannot exceed these two issues. He also contended that the petitions are essentially disguised appeals and should be deemed non-maintainable.
"The order must be taken for what it is...It can't be that the Government of India's affidavit will override the Court's order." — Senior Advocate Kapil Sibal
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Senior Advocate Kapil Sibal, appearing for the petitioners, maintained that the notice must be understood as it is written, without being overruled by the government’s affidavit. He also highlighted a judgment by Justice Oka, asserting the accused's right to access documents, such as the ECIR.
Justice Surya Kant expressed dissatisfaction with the petitioners' draft issues and emphasized the need for better preparation. The court scheduled the next hearing on August 6 and 7, directing the parties to circulate the draft issues for consideration.
Background:
The Vijay Madanlal Choudhary (VMC) judgment, delivered on July 27, 2022, by Justices AM Khanwilkar, Dinesh Maheshwari, and CT Ravikumar, upheld several controversial provisions of the PMLA, including:
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- Section 5, 8(4), 15, 17, and 19: Granting the Enforcement Directorate (ED) powers of arrest, attachment, search, and seizure.
- Section 24: Reversing the burden of proof, a provision the court found to have a "reasonable nexus" with the Act's objectives.
- Section 45: Introducing "twin conditions" for bail, which the court upheld despite previous rulings striking down these conditions.
Following the judgment, eight review petitions were filed. Initially, CJI NV Ramana, after Justice Khanwilkar's retirement, presided over the review hearings. The bench, while issuing notice on August 25, 2022, highlighted two issues needing reconsideration: the non-supply of ECIR to the accused and the reversal of the presumption of innocence.
The review petitions were granted an open court hearing, but multiple adjournments followed due to procedural reasons. The next hearing is set for August 6, with the possibility of extending to August 7.
Case Title : Karti P Chidambaram v. The Directorate of Enforcement | RP(Crl) 219/2022 (and connected cases)
