On Monday, the Supreme Court underlined the necessity of granting bail to sick or infirm individuals under the stringent Prevention of Money Laundering Act (PMLA), even amid the Act’s rigorous bail conditions. The bench, led by Chief Justice of India DY Chandrachud, including Justices JB Pardiwala and Manoj Misra, emphasized the adherence to legal principles over the Act’s rigidity.
Chief Justice Chandrachud articulated the court’s stance, stating, “No matter how stringent the PMLA is, our actions must be governed by the law. If someone is sick or infirm, they should be granted bail based on medical board reports.”
The statement came during the hearing for the interim bail of Amar Sadhuram Mulchandani, the ailing former Chairman of Seva Vikas Co-operative Bank, arrested by the Enforcement Directorate (ED) for alleged money laundering. Representing Mulchandani, Senior Advocate Mukul Rohatgi highlighted his client’s chronic kidney disease and limited ability to perform daily activities, stressing the severe health implications of prolonged custody.
Advocate Nadkarni, also representing Mulchandani, proposed hospitalization under close supervision, while Rohatgi pointed out that the 67-year-old has already endured over a year in detention without direct involvement in any predicate offence.
