Background of the Case
- 2022 Supreme Court Verdict: Upheld amendments to the Prevention of Money Laundering Act (PMLA), 2002.
- Key Features of the Verdict:
- Gave wide powers to the Enforcement Directorate (ED) – including arrest, summons, and search.
- Placed the burden of proof on the accused, not the prosecution – a reversal of criminal jurisprudence norms.
Relevance : GS 2(Governance, Transparency & Accountability)
Current Review Proceedings
- Review Petitioners: Include politicians like Karti Chidambaram; argue the judgment violates basic rights of the accused.
- SC Bench: Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh are hearing the review.
Centre’s Position
- Represented by Solicitor-General Tushar Mehta and ASG S.V. Raju.
- Wants the review limited to two issues:
- Right to receive the ECIR (Enforcement Case Information Report).
- Reversal of burden of proof.
- Filed an affidavit confirming the scope of review, which petitioners did not initially object to.
Next Steps by Supreme Court
- Court’s Direction: Petitioners and Centre’s legal team to jointly formulate key issues for consideration.
- Timeline:
- July 16: Bench to finalise the list of issues.
- August 6–7: Final hearing on the matter.
Broader Implications
- Rights vs. National Security: Case touches on civil liberties, due process, and the power of central agencies.
- Legal Uncertainty: Conflicting SC judgments create ambiguity for both prosecution and defence in PMLA cases.
- Potential Constitutional Bench: Signals the gravity and complexity of the issue related to fundamental rights under Article 21.
