Politics · India · 2 hrs ago

Supreme Court says PMLA bail rules cannot override right to speedy trial

Supreme Court says PMLA bail rules cannot override right to speedy trial

The Supreme Court granted bail to a man accused of money laundering in a case involving alleged financial wrongdoing in India.

He was arrested in December 2024, and the court said the trial could take a long time because it involves thousands of pages of documents and about 98 witnesses.

Under the Prevention of Money Laundering Act, or PMLA, bail is subject to strict conditions, including that the court find grounds to believe the accused is not guilty and will not commit another offence while released.

The court said those conditions cannot override the constitutional right to a speedy trial or allow someone to remain in custody until the trial ends.

It noted that serious economic offences can harm the country’s financial system, but said prolonged detention must not become punishment before conviction.

The accused can be released after meeting bail terms set by the trial court, while the case continues.

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What people are saying

Supreme Court benchJustices Aravind Kumar and Vipul M Pancholi
The twin conditions under Section 45 of PMLA cannot override the constitutional safeguards under Article 21 of the Constitution, as has been held in the case of Manish Sisodia vs Directorate of Enforcement. Prolonged incarceration, if allowed to continue, will set at naught the constitutional safeguards extended to accused persons.
via Times of India
The appellant must not be subjected to the rigours of custody as long as the trial is pending.
via Times of India
Process must not be turned into a punishment unto itself.
via Times of India