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The Delhi High Court has delivered a significant judgment regarding the application of Section 45 of the Prevention of Money Laundering Act (PMLA), ruling that it cannot be used as an instrument to keep accused individuals in jail indefinitely. This decision, while granting relief to the accused, underscores the paramount importance of constitutional rights to liberty and a fair trial, even in cases involving stringent legal provisions.
The Court, in its ruling, explicitly stated that while Section 45 of the PMLA imposes additional conditions for granting bail, it does not create an absolute prohibition on it. This means that the accused, even when facing charges under the PMLA, are not automatically denied bail, especially if there is no possibility of their trial concluding within a reasonable timeframe. The Court, in highlighting the importance of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, underscored that the conditions under Section 45 must give way to this fundamental right when a prolonged period of incarceration is involved.
The High Court's decision is rooted in the precedents set by the Supreme Court in similar cases, including those involving Manish Sisodia, Prem Prakash, and Vijay Nair. These rulings have emphasized the need for a liberal interpretation of the bail provisions under the PMLA, ensuring that the accused are not subjected to excessive pre-trial detention. By aligning its decision with these Supreme Court pronouncements, the Delhi High Court further solidifies the principle that the constitutional right to liberty and a fair trial cannot be undermined by the procedural provisions of any special legislation, however stringent it may be.
This ruling holds significant implications for the administration of justice in India. It clarifies the scope of Section 45 of the PMLA, preventing its misuse for prolonged detention. The decision underscores the crucial balance between ensuring the effective investigation of serious crimes and safeguarding individual liberties. It sends a strong message that even in cases involving complex financial crimes, the constitutional guarantees of a fair trial and the right to liberty remain paramount.
Source: Section 45 PMLA cannot be used as shackle to keep accused in jail: Delhi High Court