SC raps ‘rich, affluent’ for using writ pleas to dodge PMLA trials

DURING THE TRIAL, THE AFFLUENT MOVE COURT, CHALLENGING THE VIRES OF LEGISLATION. FACE TRIAL LIKE ANY OTHER CITIZEN, THE CJI SAID

- Utkarsh Anand

The Supreme Court on Tuesday lamented what it described as a growing trend of the “rich and affluent” approaching constitutional courts to challenge the validity of penal laws after they are booked under these.

It cautioned that such litigants cannot be permitted to bypass criminal trials by invoking writ jurisdiction.

‘A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the remarks while hearing a writ petition filed by Delhi-based lawyer Gautam Khaitan, who questioned the constitutional validity of Section 44(1)(c) of the Prevention of Money Laundering Act (PMLA).

Section 44(1)(c) of the PMLA essentially provides that once a money-laundering case is taken up by a special court, that court can also try the linked “scheduled offence” along with it, so that both cases proceed together instead of before separate courts.