Can't take away right to fair trial in PMLA cases, says Supreme court

The Supreme Court in a recent judgment has held that the right to a fair trial of an accused facing money laundering charges cannot be taken away by "drastic" provisions such as twin conditions of bail and the burden of proof being on the accused, both of which are key provisos of the Prevention of Money Laundering Act (PMLA).

- Abraham Thomas

NEW DELHI:

The court said that right to fair trial guaranteed under Article 21 of the Constitution includes the "right to defend" and said, in an order passed last week that an accused under PMLA would be entitled to the list of witnesses and documents relied by the Enforcement Directorate (ED) to defend the charges and even seek bail.

The decision by a three-judge bench headed by Justice Abhay S Oka said, "The right to defend consists of the right to lead the defence evidence by examining the witnesses and producing the documents. Therefore, the accused is entitled to exercise his right at the stage of entering upon defence by compelling the prosecution or a third party to produce a document or a thing in their possession or custody."