News Desk, AnyTV, New Delhi
Published by: Amit Mandal
Updated Wed, 09 Mar 2022 06:55 PM IST
Summary
The top court also said that if the legality of any provision is to be considered, then some consideration should also be given to the upholding of the rights of the accused.
The Center on Wednesday told the Supreme Court that money laundering is a pre-planned crime which is never committed suddenly. Economic offenses involving huge loss of public money need to be viewed seriously as they pose a serious threat to the financial health of the country. Hearing a batch of arguments regarding the interpretation of certain provisions of the Prevention of Money Laundering Act (PMLA), the top court considered section 45 of the Act as well as section 436-A of the Code of Criminal Procedure (CrPC).
Section 45 of PMLA deals with the aspect of offenses being cognizable and non-bailable, Section 436-A of CrPC deals with the maximum period for which an undertrial prisoner can be detained. It has been seen that the trials are not progressing. Trials remain pending, investigation reports are not filed in time. These are all different logistical matters that have been experienced. A bench headed by Justice AM Khanwilkar also said that recently it has also come to the fore that the accused in the offense punishable with seven years imprisonment has already served six years. In such a situation there must be some balance.
The top court also said that if the legality of any provision is to be considered, then some consideration should also be given to the upholding of the rights of the accused. Solicitor General Tushar Mehta, appearing for the Centre, said the bench had questioned section 436-A. He said that PMLA is a peculiar offense which is different from other serious offenses which have been classified separately such as Maharashtra Control of Organized Crime Act (MCOCA).
Expansion
The Center on Wednesday told the Supreme Court that money laundering is a pre-planned crime which is never committed suddenly. Economic offenses involving huge loss of public money need to be viewed seriously as they pose a serious threat to the financial health of the country. Hearing a batch of arguments regarding the interpretation of certain provisions of the Prevention of Money Laundering Act (PMLA), the top court considered section 45 of the Act as well as section 436-A of the Code of Criminal Procedure (CrPC).
Section 45 of PMLA deals with the aspect of offenses being cognizable and non-bailable, Section 436-A of CrPC deals with the maximum period for which an undertrial prisoner can be detained. It has been seen that the trials are not progressing. Trials remain pending, investigation reports are not filed in time. These are all different logistical matters that have been experienced. A bench headed by Justice AM Khanwilkar also said that recently it has also come to the fore that the accused in the offense punishable with seven years imprisonment has already served six years. In such a situation there must be some balance.
The top court also said that if the legality of any provision is to be considered, then some consideration should also be given to the upholding of the rights of the accused. Solicitor General Tushar Mehta, appearing for the Centre, said the bench had questioned section 436-A. He said that PMLA is a peculiar offense which is different from other serious offenses which have been classified separately such as Maharashtra Control of Organized Crime Act (MCOCA).