PMLA's Section 45 can't become shackle leading to long detention, says HC
This story was originally published at 18:59 IST on 28 October 2024
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NEW DELHI – The Delhi High Court has observed that where it is evident a trial is unlikely to conclude in reasonable time, Section 45 of the Prevention of Money Laundering Act, 2002, cannot be allowed to become a shackle that leads to unreasonably long detention of the accused.
Section 45 states that no person shall be released on bail unless the public prosecutor has been given an opportunity to oppose the bail application and unless the court has grounds to believe that the person was not guilty of the offences charged and he or she was unlikely to commit any offence while on bail.
The high court granted bail to Pankaj Kumar Tiwari and Pankaj Kumar in a money-laundering case involving Bhushan Steel Ltd. where public funds to the tune of INR 458.18 billion were diverted. Pankaj Kumar Tiwari was working as vice-president (finance) with Bhushan Steel, while Pankaj Kumar was vice-president (accounts).
The high court said that when there are multiple accused persons, "lacs of pages of evidence" to assess, scores of witnesses to be examined, the trial is not expected to end anytime soon. Importantly, the delay is not attributable to the accused. So keeping them in custody using Section 45 as a tool for incarceration is not permissible, the court said. "Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account," the court said.
The court said the right to liberty and speedy trial guaranteed under Article 21 of the Constitution is sacrosanct and needs to be protected and duly enforced even in cases where stringent provisions have been made applicable through special laws. The stringent provisions would have to be interpreted with regard to Article 21 and, in case of a conflict, the stringent provisions, such as Section 45 in the present case, would have to give way, the court added. End
Reported by Surya Tripathi
Edited by Rajeev Pai
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