Allow Cookies!
By using our website, you agree to the use of cookies
In the latest development, a two Judge Bench of Supreme Court comprising of Justices RF Nariman and SK Kaul. On 23rd Nov. held that Section 45(1) of the Prevention of Money Laundering Act, 2002, is unconstitutional as it violates Articles 14 and 21 of the Constitution of India. Section 45(1) imposes two conditions for grant of bail where an offence punishable for a term of imprisonment of more than 3 years under Part A of the Schedule to the Act is involved.
Writ petitions and appeals were being filed in the court challenging the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002 and the bench has clubbed all the petitions. The verdict will have wide ramifications as it thousands of bail matters are filed every day in the courts of India.
The conditions that are stated are that the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
The bench directed that all the orders in which bail has been denied, because of the presence of the twin conditions contained in Section 45, will now go back to the respective Courts which denied bail. Hence the judgement will have retrospective effect.
86540
103860
630
114
59824