Supreme court reconstitutes bench to hear pleas against 2022 verdict upholding ED powers

Supreme court reconstitutes bench to hear pleas against 2022 verdict upholding ED powers

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New Delhi

The Supreme Court has reconstituted a three-judge bench to hear petitions seeking a review of its 2022 verdict that upheld the Enforcement Directorate’s (ED) powers under the Prevention of Money Laundering Act (PMLA). The new bench, comprising Justice Surya Kant, Justice Ujjal Bhuyan, and Justice N. Kotiswar Singh, will hear the matter on May 7. Previously, the matter was being heard by a bench including Justice C.T. Ravikumar, who retired on January 5, necessitating the reconstitution. In July 2022, the apex court upheld the ED’s powers related to arrest, attachment of properties, and conducting search and seizure operations under the PMLA. However, in August that year, it agreed to review the judgment, noting that two aspects — non-provision of an Enforcement Case Information Report (ECIR) and the reversal of the presumption of innocence — “prima facie” required reconsideration. Earlier, in March 2025, the pleas were mistakenly listed before a two-judge bench, after which Justice Kant assured that a new three-judge bench would hear the review. The 2022 judgment had emphasized that money laundering was a serious global threat and that the ED’s authorities were not equivalent to regular police officers. It further ruled that providing a copy of the ECIR to the accused was not mandatory, provided the grounds of arrest were disclosed. The verdict came on over 200 petitions challenging various provisions of the PMLA, a law often criticized by opposition parties as a tool for political harassment. Further hearings are awaited.

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