Supreme Court Upholds Personal Liberty Principle in PMLA Case

The Supreme Court reaffirmed that 'bail is the rule, and jail is the exception' while granting bail to Prem Prakash, an aide to the Jharkhand Chief Minister, in a money laundering case. The court emphasized that personal liberty can only be deprived by valid and reasonable legal procedures.

The Supreme Court of India has reaffirmed the fundamental legal principle that 'bail is the rule, and jail is the exception,' particularly in cases registered under the stringent anti-money laundering law.

On Wednesday, Justices BR Gavai and KV Viswanathan granted bail to Prem Prakash, an aide to Jharkhand Chief Minister Hemant Soren, who is implicated in a money laundering case linked to an alleged land scam. The bench cited the enduring legal tenet that personal liberty should be the rule and deprivation the exception, achievable only through valid and reasonable legal procedures.

The top court's decision also ruled that confessional statements made by accused persons while in custody under the Prevention of Money Laundering Act (PMLA) would not be admissible in court. Referring to a prior 2022 verdict, the court underscored that 'bail is the rule and jail is the exception,' even under the PMLA.

(With inputs from agencies.)