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Supreme Court Updates 22 November 2023

Reconsideration of PMLA judgment: SC adjourns matter until tomorrow

Today, a special bench of the Supreme Court (SC) comprising Justice Sanjiv Khanna, Justice Bela M Trivedi, and Justice Sanjay Kishan Kaul heard a batch of applications seeking reconsideration of the Supreme Court’s judgment in the Vijay Madanlal Chaoudhary vs. Union of India case. In the aforementioned judgment of the SC, the constitutional validity of various provisions of the PMLA (Prevention of Money Laundering Act) relating to search and seizure by the ED (Enforcement Directorate), arrest, the reversal of the burden of proof, and the stringent bail conditions were upheld.  During the proceedings, Senior Advocate Kapil Sibal, Senior Advocate AM Singhvi, Solicitor General Tushar Mehta, and Additional Solicitor General SV Raju presented their contentions before the court. SA Sibal while presenting the case raised concerns about the possession of proceeds of crime categorized as money laundering and said “Every crime would amount to laundering of money, and in every crime, unless you show that you are not guilty, you will not get bail. That’s the consequence and the enormity of the impact of this judgment.” The case was adjourned today for further hearing until November 23, 2023 (tomorrow).

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