Supreme Court reconstitutes bench to hear PMLA review pleas

The Supreme Court has reconstituted a three-judge bench to hear review petitions challenging its July 2022 verdict in the Vijay Madanlal Choudhary case, which upheld key powers of the Enforcement Directorate under the Prevention of Money Laundering Act. The new bench comprises Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana. The earlier bench included justices Ujjal Bhuyan and N Kotiswar Singh, but the CJI noted that listing the matter before the original bench would require breaking three other benches.

Both the ED and the petitioners consented to the new composition. The review petitions, including one by Congress MP Karti Chidambaram, argue that the 2022 judgment diluted constitutional safeguards. They seek reconsideration of provisions on arrest, search and seizure, reverse burden of proof, non-supply of ECIR, and bail conditions. The ED has opposed the petitions, saying they fail to show any error apparent on the record.

The court is expected to first decide whether the review petitions are maintainable. In a separate ruling, the Delhi High Court held that civil writ petitions can be entertained to challenge an ECIR and subsequent ED actions under PMLA, quashing proceedings in a case where the predicate offence was closed.