Supreme Court Upholds Fair Trial Rights in PMLA

Supreme Court Upholds Fair Trial Rights in PMLA

Why in the News ?

The Supreme Court ruled that accused under PMLA have the constitutional right to a fair trial, including access to evidence and documents. It questioned the twin bail conditions and reverse burden of proof, stating these cannot override Article 21 protections.

About Supreme Court Ruling on Fair Trial Rights:

• A three-judge bench led by Justice Abhay S. Oka upheld the right to defend under Article 21 of the Constitution.
• The accused under Prevention of Money Laundering Act (PMLA) must be given access to documents and witness lists used by the Enforcement Directorate (ED).
• The court emphasized that the right to a fair trial includes the right to lead evidence, examine witnesses, and produce documents in defence.

Key PMLA Provisions Under Scrutiny:

• The SC examined two controversial PMLA sections:
  • Section 45(1)(i): imposes twin bail conditions, requiring courts to believe that the accused is not guilty and unlikely to reoffend.
  • Section 24: places a reverse burden of proof, presuming the accused is guilty unless proven otherwise.
• The court clarified that while these provisions exist, they should not undermine the fundamental right to fair trial.

Context and Implications of the Verdict

• The decision came during hearings on petitions from Delhi and Punjab-Haryana High Courts, where accused were denied documents by ED.
• The SC ruled in favour of the accused, stating that judicial interpretation of PMLA must align with constitutional safeguards.
• It affirmed that procedural fairness cannot be sacrificed even in cases of serious economic offences.