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Thursday, September 19, 2024

SC postpones review petition hearing on PMLA

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New Delhi

On Wednesday, the Supreme Court postponed the review petition hearing concerning the Prevention of Money Laundering Act (PMLA) until October 16. Initially scheduled for October 3, the hearing was rescheduled after Justice C.T. Ravikumar, a member of the bench, was unavailable that day. Justice Surya Kant, who is leading the bench, noted that adjournments can be frustrating, but the court aims to address the matter comprehensively.

The review petition challenges the Supreme Court’s previous judgment that upheld various provisions of the PMLA. During a prior session, the court had identified two key issues requiring further examination. Senior Advocate Kapil Sibal, representing the petitioners, argued for a reconsideration of the judgment, while Solicitor General Tushar Mehta defended the PMLA, emphasizing its alignment with the Financial Action Task Force (FATF) guidelines.

In July 2022, the SC upheld the PMLA provisions allowing the Enforcement Directorate (ED) to arrest, search, seize, and attach assets. The court clarified that the Enforcement Case Information Report (ECIR) differs from a First Information Report (FIR) and noted that ED officers are not classified as police officers. The review petition, including filings by Congress MP Karti Chidambaram and former Jammu and Kashmir Chief Minister Mehbooba Mufti, challenges aspects of the PMLA’s implementation and procedural fairness.

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