The Supreme Court has recently questioned the growing practice of financially powerful individuals challenging stringent laws such as the Prevention of Money Laundering Act (PMLA) immediately after being booked, rather than contesting the allegations through the regular trial process.
The observation was made while hearing a petition filed by Gautam Khaitan, a Delhi-based lawyer accused in a money-laundering case connected to the AgustaWestland VVIP helicopter deal. Khaitan had approached the Court questioning the constitutional validity of Section 44(1)(c) of the PMLA, which deals with the jurisdiction of special courts under the Act.
A Bench led by the Chief Justice noted that it has become common for accused people who are affluent to directly invoke the Supreme Court’s jurisdiction to challenge the law itself, instead of first submitting to trial like other citizens. The Court emphasized that financial capacity should not allow anyone to bypass the ordinary course of criminal proceedings.
The Bench declined to entertain the petition, pointing out that similar challenges to the PMLA are already pending before the Supreme Court. While keeping the legal issue open, the Court made it clear that such questions should be examined in appropriate cases and not used as a routine defence strategy by accused persons.
The remarks reflect the Court’s consistent stance in recent cases, where it has resisted attempts to dilute the enforcement framework of the PMLA through individual challenges, even as broader constitutional questions concerning the Act remain under consideration.
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