Lawstreet Journal

PMLA Case: "It Is Constitutionally Compliant, But It Does Not Have To Be Consistent With The Criminal Procedure Code”, SG Tushar Mehta Says To Hon’ble SC

Lawstreet Journal 25 Feb 2022 8:54pm

Image courtesy: Lawstreet Journal Judiciary PMLA Case: "It Is Constitutionally Compliant, But It Does Not Have To Be Consistent With The Criminal Procedure Code”, SG Tushar Mehta Says To Hon’ble SC

Solicitor General Tushar Mehta argued before the Supreme Court in a series of petitions challenging the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), that the petitioners' assertion stating that the PMLA is not in compliance to the Code of Criminal Procedure (CrPC)is false. It must be constitutionally compliant, he continued, but it does not have to be CrPC compliant.

A three-judge bench consisting of Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice CT Ravikumar noted, "A law should be drafted in such a manner that a common man understands it. It is for the common man, not for a legal mind. Since you are taking so long to understand, think about the plight of a common man."

The bench was hearing a slew of petitions challenging provisions of the Prevention of Money Laundering Act, including one in which Justice Khanwilkar stated that "one is attachment and one is registration of offence. There has to be a registration of offence for the attachment of the proceeds of crime," in response to a question about provisional attachment of property.

In response, Solicitor General Tushar Mehta stated that the Enforcement Director Officer will first notify the police officer and then attach the property for the purpose of prosecution, but that it is only a temporary arrangement, "I'll have to have the material, otherwise I'll face consequences, whereas the attachment prevents it from being transferred or used."

Solicitor General Tushar Mehta responded to the petitioner's contention that the Prevention of… Continue Reading...


Tagged: Tushar Mehta  
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