Supreme Court Advocates for Fair Bail Practices in PMLA Cases

The Supreme Court has emphasized that constitutional courts must ensure the provisions of the Prevention of Money Laundering Act (PMLA) are not used by the Enforcement Directorate to incarcerate individuals for extended periods without trial. The top court highlighted the importance of reasonable duration for trials and reiterated that 'bail is the rule, and jail is the exception,' especially when trial delays are foreseen.

The Supreme Court has firmly stated that constitutional courts should not permit the provisions of the Prevention of Money Laundering Act (PMLA) to become tools of prolonged detention used by the Enforcement Directorate.

In a landmark ruling, the apex court stressed the necessity for constitutional courts to exercise their power to grant bail when trials under the PMLA are expected to drag beyond reasonable limits.

The court underscored that section 45(1)(ii) of the PMLA does not give the State authority to detain an accused indefinitely, noting that trial duration and other factors, including potential sentences, must be considered.

(With inputs from agencies.)