The Supreme Court has deferred the hearing to reconsider its 2022 judgment that strengthened the Enforcement Directorate’s (ED) powers under the Prevention of Money Laundering Act (PMLA). The decision to reschedule the hearing for November 27 came after the absence of senior advocate Kapil Sibal, representing the petitioners.
Justice Surya Kant, leading a three-judge bench, noted the inconvenience caused by the unavailability of key legal counsel, stating, “This is what happens. When we list, somebody is not available.” Despite the postponement, there was no opposition from the Enforcement Directorate’s counsel regarding the adjournment.
The case in question involves a series of petitions challenging the July 27, 2022, ruling by a similar three-judge bench in the case of Vijay Madanlal Choudhary vs. Union of India. This landmark judgment had affirmed the constitutional validity of several PMLA provisions, granting significant enforcement powers to the ED.
The court validated the ED’s power to arrest individuals suspected of money laundering without the necessity of a prior First Information Report (FIR), ruling that such powers based on the agency’s internal satisfaction do not violate fundamental rights.
The judgment confirmed the ED’s authority to attach properties implicated in money laundering preemptively, aimed at preventing the accused from benefiting from the proceeds of crime.
The ED’s ability to perform searches and seizures without a judicial warrant was also upheld, underlining the necessity of these powers in tackling the complex nature of money laundering crimes.
The impending hearing will critically examine these powers, balancing state enforcement capabilities against individual rights. This reassessment could potentially alter the legal landscape regarding the handling of financial crimes in India.
