The Supreme Court Today (Sept 18) adjourned to October 16 the hearing on a question whether its 2022 verdict upholding the Enforcement Directorate’s powers to arrest and attach property under the Prevention of Money Laundering Act required any reconsideration. Earlier in the day, a three-judge bench headed by Justice Surya Kant had deferred the matter to October 3 after Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), mentioned the matter seeking an adjournment.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court postponed the hearing on whether its 2022 ruling, which upheld the Enforcement Directorate’s (ED) powers to arrest individuals and attach property under the Prevention of Money Laundering Act (PMLA), should be reconsidered.
The new date for the hearing has been set for October 16, 2024.
Earlier in the day, a three-judge bench led by Justice Surya Kant had initially deferred the case to October 3 after Solicitor General (SG) Tushar Mehta, representing the ED, requested an adjournment. The request was met with strong opposition from Senior Advocate Kapil Sibal, who appeared on behalf of the petitioners challenging the 2022 verdict.
However, later in the afternoon, Justice Surya Kant informed the lawyers involved in the case that Justice C.T. Ravikumar, who is part of the bench alongside Justice Ujjal Bhuyan, would be on leave from September 27 to October 13. Consequently, the top court rescheduled the hearing for October 16.
The case revolves around a series of petitions seeking a reconsideration of the July 27, 2022, decision by a three-judge bench. In that ruling, the Supreme Court had upheld the ED’s extensive powers under the PMLA, including those related to arrest, attachment of property, search, and seizure in cases of money laundering.
The next hearing on the reconsideration of this pivotal verdict is now slated for mid-October.
EARLIER TODAY IN APEX COURT
The Supreme Court postponed its hearing to October 3 regarding whether the 2022 verdict that upheld the Enforcement Directorate’s (ED) powers under the Prevention of Money Laundering Act (PMLA) needs to be revisited. This verdict had affirmed key provisions of the PMLA related to the ED’s authority to arrest individuals and attach properties linked to money laundering cases.
The matter is being examined by a Bench comprising Justices Surya Kant, C.T. Ravikumar, and Ujjal Bhuyan. The Bench is tasked with reviewing the 2022 judgment in Vijay Madanlal Choudhary v. Union of India, which validated several provisions of the PMLA concerning “arrest, search, seizure, and bail.”
During the session, Solicitor General (SG) Tushar Mehta, representing the Enforcement Directorate, requested an adjournment. He brought up the matter before bench and sought a delay in the hearing.
SG Tushar Mehta:
“Milords, I am requesting an adjournment.”
However, this request faced opposition from Senior Advocate Kapil Sibal, who is representing the petitioners in the case.
Sr. Adv. Kapil Sibal:
“I strongly object to that.”
The Bench acknowledged the awkwardness created by continuous delays in hearing important cases.
Bench:
“It becomes embarrassing when matters continue to go unheard.”
Sibal pointed out that if the case is further delayed, it might stretch into November, considering the other cases on the court’s docket.
Sibal:
“If it’s scheduled for October, it will likely extend into November when other matters are also taking place.”
In response to this, SG Mehta took a more optimistic stance.
SG:
“There’s no need to be so pessimistic.”
Sibal remained firm in his stance, emphasizing the realities of court schedules.
Sibal:
“I understand how things happen in court.”
To this, Mehta responded light-heartedly.
SG:
“We always agree with you.”
Sibal replied with a wry remark.
Sibal:
“Only outside the courtroom.”
Despite the back-and-forth, the Supreme Court agreed to the adjournment and officially scheduled the next hearing for October 3.
The Supreme Court is currently handling a series of petitions that are seeking a “reconsideration of the July 27, 2022 verdict.”
This earlier decision by a three-judge bench had upheld the ED’s powers regarding the “arrest and attachment of property involved in money laundering,” as well as “search and seizure” under the PMLA.
Click Here to Read Previous Reports on PMLA
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
