New Delhi, India – The Indian Supreme Court has declared its intention to reexamine the constitutional validity of specific provisions within the Prevention of Money Laundering Act, marking another significant step in the ongoing judicial evaluation of the Enforcement Directorate’s (ED) special powers.
In a decision reached in July 2022, the Supreme Court had reinstated provisions granting extensive powers to the Enforcement Directorate, encompassing the authority for arrest, attachment, search, seizure, and the establishment of two bail conditions in money laundering cases. However, the apex court has now formed a special bench to review this previous ruling.
The forthcoming review will center on petitions filed against the July 2022 decision, with the case of Vijay Madanlal Chaudhary vs. Government of India taking center stage. The specially convened bench will comprise Justices Sanjay Kishan Kaul, Sanjeev Khanna, and Bela M. Trivedi, who will preside over the proceedings.
The review process is scheduled to commence on October 18, during which the Supreme Court will thoroughly evaluate the constitutional validity of the provisions in question. This development represents a pivotal moment in the ongoing scrutiny of the legal framework surrounding money laundering cases and the powers bestowed upon the Enforcement Directorate.
Key Points:
- The Supreme Court of India will conduct a review of the constitutional validity of select provisions within the Prevention of Money Laundering Act.
- A dedicated bench, consisting of Justices Sanjay Kishan Kaul, Sanjeev Khanna, and Bela M. Trivedi, has been constituted to oversee the review process.
- The review petitions will be deliberated upon commencing October 18, 2023.
- The case under scrutiny is Vijay Madanlal Chaudhary vs. Government of India.
- The 2022 decision had reinstated the powers of the Enforcement Directorate, prompting further judicial assessment.
