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In November last year, the special bench hearing the review petitions was dissolved on account of Justice SK Kaul retiring
The Supreme Court today posted the pleas challenging the top court decision of July 27, 2022 wherein it had upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2002 to July.
A bench of Justices Sanjiv Khanna, Bela M Trivedi and MM Sundresh has allowed the petitioners before it to file for bail before appropriate forum in the meantime.
Earlier, the Central Government had opposed the general approach of the petitions challenging the judgment of Vijay Madanlal Chaudhary and Ors. vs. Union of India and Ors. wherein the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2002 were upheld.
Arguing against the review, the SG submitted that he could approach a three-judge bench saying that he disagreed with the view taken by a co-ordinate bench and every section which has been upheld could be challenged again.
In August 2022, the Supreme Court had issued notice in the review petition filed by Karti Chidambaram against the PMLA judgment on limited purview.
Earlier, Court had also allowed a plea seeking an open court hearing in the review petition. On August 22, 2022 the Court had agreed to hear a review petition challenging its judgment.
A Justice AM Khanwilkar led bench of the top court on July 27, 2022 had upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2002. The bench, also consisting of Justices Dinesh Maheshwari and CT Ravikumar however held that the challenge to the passage of amendments to the Act in 2019 as a money bill will be considered by a larger bench.
Over 200 petitions were filed challenging the provisions of the Act. It was argued before the court that the powers of the Enforcement Directorate to arrest, force confessions, and seize property were unbridled.
In its 545-page judgment, the Court answered 12 questions of law formulated in the batch of petitions. A comprehensive look at the same can be found here.
Case Title: KARTI P. CHIDAMBARAM vs. THE DIRECTORATE OF ENFORCEMENT
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