BREAKING| Supreme Court Allows Open Court Hearing For Review Against PMLA Judgment; Hearing Tomorrow

The Supreme Court on Wednesday allowed open court hearing in the review petition filed against the judgment upholding the provisions of the Prevention of Money Laundering Act (PMLA).

A 3-judge bench comprising Chief Justice of India NV Ramana, Justice Dinesh Maheshwari and Justice CT Ravikumar passed the order allowing oral hearing in the review petition filed by Karti P Chidambaram. It may be noted that review petitions are ordinarily considered in chambers and oral hearing in open court is allowed only in exceptional cases.

The matter will be heard tomorrow.

The review was sought against the July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The judgment was delivered by a 3-judge bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar. 

With the retirement of Justice Khanwilkar, CJI Ramana presided over the bench which considered the review petition.

Interestingly, in a judgment delivered yesterday,  a bench led by CJI Ramana had expressed concerns about the PMLA judgment, insofar as it allows ED to take possession of the property before trial in exceptional circumstances. "Having perused the said judgment, we are of the opinion that the aforesaid ratio requires further expounding in an appropriate case, without which, much scope is left for arbitrary application," it said.

Recently, former Supreme Court judge Justice L Nageswara Rao, speaking at a public event, opined that he might have taken a different view in the PMLA judgment.

Case Title : Karti P Chidambaram versus Directorate of Enforcement | RP (Crl) No.219/2022 in TC (Crl) No.4/2018

Click here to read/download the order