In Brief
In this review petition concerning the Benami Property Transactions Act, the Supreme Court recalled its earlier judgment dated 23 August 2022 on constitutional grounds. The Court held that constitutional validity of a statute cannot be determined without proper lis and contest between parties. It affirmed that the 2016 Amendment Act's provisions are substantive and apply only prospectively. In rem forfeiture provisions, being punitive, cannot be retroactively applied to transactions predating the Act's commencement on 25 October 2016. Consequently, no criminal prosecution or confiscation proceedings can be initiated for pre-2016 transactions. The Civil Appeal was restored for fresh adjudication.
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