Alba Law Offices Newsletter – August, 2024

LEGAL HIGHLIGHTS

The Supreme Court aligns the Prevention of Money Laundering Act, 2002 (PMLA) with the edicts laid down in the Constitution of India

[Prem Prakash v. Union of India Through the Directorate of Enforcement, (SLP (Crl.) No. 5416/2024)]

Adding to the rights of accused against arbitrary and adverse effects on their fundamental and legal rights, the Supreme Court while hearing the instant case under the PMLA laid down the following:

• Section 45 PMLA which talks of offences to be cognizable and non-bailable, can be relaxed when the accused has already been in custody for a considerable period of time with no surety of trial concluding in a short span of time;
• Article 21 is a higher constitutional right and it must be seen that statutory provisions align with the constitutional mandate; and