Reaffirming the constitutional right to a fair trial, the Supreme Court on Wednesday ruled that an accused is entitled to receive all documents and statements collected by the Enforcement Directorate (ED) during its investigation, including those not relied upon by the agency.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan held that once a special court takes cognisance of the prosecution complaint under the Prevention of Money Laundering Act (PMLA), it must ensure that a copy of the complaint along with all accompanying documents is supplied to the accused.
“Copy of the list of statements, documents, material objects and exhibits that are not relied upon by the investigating officer must also be furnished to the accused,” the bench clarified, underlining that denial of such information would undermine the accused’s right to a fair defence.
The ruling came in response to a petition filed by Sarla Gupta, an accused in a money laundering case, challenging a Delhi High Court judgment that had held the prosecution was not obliged to provide unrelied documents at the pre-trial stage.
The top court’s decision ensures greater transparency in the prosecution process under PMLA and aligns with broader criminal jurisprudence that mandates fair disclosure by investigating agencies.
