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.
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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
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).