Key Points
New Delhi The Supreme Court on Monday said that regardless of the stringent nature of the Prevention of Money Laundering Act (PMLA), courts must adhere to the legal framework, especially in granting bail to those who are sick or infirm.P)..
By granting bail to Mulchandani, the Supreme Court underscores a significant aspect of the PMLAs proviso recognising the rights of individuals with serious health issues to secure bail and receive necessary care outside the prison environment..
His counsel, senior advocate Mukul Rohatgi, highlighted his serious health issues, and the bench reviewed a recent medical report confirming the need for intensive care. ED suggested transferring Mulchandani to JJ Hospital to address his health needs, but the Supreme Court noted that hospitalisation is not a substitute for bail under PMLA..
The case reflects the apex courts balanced approach towards PMLAs stringent framework, particularly with regard to Section 45s bail restrictions, which typically impose a high threshold for release..
While granting bail to former Tamil Nadu minister V Senthil Balaji, arrested in June 2023 on money-laundering charges arising out of cash-for-jobs scam case, the court sounded a clear warning about the abuse of PMLA provisions by the Enforcement Directorate (ED), delivering a scathing critique of how the law is being employed to keep individuals jailed without trial for an unreasonably long time..
