PMLA review: Supreme Court agrees to reconsider two areas of earlier judgment, issues notice to Centre

After the Supreme Court agreed to hear the review petition on the earlier top court Prevention of Money Laundering Act (PMLA) ruling filed by Congress leader Karti Chidambaram, Chief Justice of India NV Ramana-led bench said that two aspects, including providing the Enforcement Case Investigation Report (ECIR) copy to the accused and the burden of proof need reconsideration.

“After reading the judgment, two areas, not providing ECIR and burden of proof need reconsideration,” the CJI said, according to news agency PTI.

While observing that PMLA is an important act to combat the menace of money-laundering, a three-judge bench headed by Chief Justice of India NV Ramana and comprising Justices Dinesh Maheshwari and CT Ravikumar said that certain provisions of the Act, upheld by the top court’s earlier judgment, need a reconsideration.

Also Read: Supreme Court upholds constitutional validity of ED’s powers to arrest under PMLA

In its earlier judgment, the top court had ruled that the ECIR is not akin to the First Information Report (FIR), as it is under the Enforcement Directorate’s (ED) discretion whether to provide the ECIR copy to the accused since it is an “internal document.”

“Supply of ECIR to accused is not mandatory and only disclosure of reasons during arrest is enough. Even the ED manual is not to be published since it is an internal document,” the court had held in its previous ruling.

Opposing the top court’s latest ruling, Solicitor General (SG) Tushar Mehta said, “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.”

Also Read: Supreme Court admits plea seeking review of earlier order in PMLA case

The CJI further said that the top court that it is not the intention of the court to oppose the government in stopping money laundering or bringing back black money. “These are serious offences,” the CJI stated, according to Bar and Bench, adding that the court was not doubting the objective of the government.

“But there are prima facie issues. We issue notice. Let writ petitions be heard along with the review,” the CJI said, adding that the matter will be listed for hearing in four weeks’ time.

Issuing notice to the Centre, the top court ruled that interim protection granted to the accused under PMLA will be extended till the next date of hearing.