The Supreme Court will take up a slew of petitions on May 7 seeking reconsideration of the top court’s 2022 ruling in which it had upheld relevant provisions of the Prevention of Money Laundering Act (PMLA). A special three-member bench comprising Justices Surya Kant, Ujjal Bhuyan and NK Singh will take up the pleas. The case has been hanging fire for the past few hearings.At one of the previous hearings, in August 2024, Justice CT Ravikumar (who stands retired) had verbally observed that the court would have to examine whether the review petition is “an appeal in disguise”.
The landmark judgement, under challenge, was delivered in July 2022 by a three-member bench which held that the PMLA is a “unique and special legislation”. Upholding the constitutional validity of relevant provisions of the 2002 Act, the three-member bench had upheld the powers to hold inquiry, arrest, and attachment of property by the Directorate of Enforcement (ED).
Referring the matter to a three-member bench, the SC had in October 2023 verbally questioned whether a statement recorded by the ED under Section 50 of the Prevention of Money Laundering Act (admissible in court) be used by the prosecution in a predicate offence. The top court had also orally observed that the Supreme Court judges are “not infallible”.
