SC Presses ED Over Documents Access To Accused: ‘Have We Become So Rigid?’

New Delhi: Questioning the Enforcement Directorate over its procedure of “displaying of documents” with the accused, the Supreme Court scrutinized the Central agency and asked them whether withholding documents from the accused seized during a money laundering probe does not violate the fundamental right to life and personal liberty. 

The top court was listening to the issue of entitlement of the accused under the Prevention of Money Laundering Act (PMLA) to get seized documents that the prosecution does not rely on before the commencement of trial.

While hearing an appeal, the bench of Justice AS Oka, Justice A Amanullah, and Justice AG Masih in a money laundering case, the court asked, “Why can't everything be transparent?"

Additional Solicitor General SV Raju, representing the ED, stated, "The accused may request documents if he is aware of their existence. However, if he is merely speculating without concrete knowledge, he cannot demand a broad investigation."

The court subsequently questioned whether this action would infringe upon Article 21 of the Constitution, which ensures the right to life and liberty.

"Also, in a PMLA case, you may retrieve thousands of documents but you only rely on 50 of them. Accused may not remember every document. He may then ask that whatever document has been recovered from my place," Justice Oka said.

The government lawyer further stated the accused has a list of documents and cannot ask for them unless it is "necessary" and "desirable".

Times Are Changing, Notes SC 

During the proceedings, Justice Oka stated that "times are changing". 

"Both us and advocates on the other side, we have an objective to do justice. Are we going to be so rigid that the person is facing prosecution but we go and say that the documents are protected? Will this be justice? There are cases so heinous where bail is given, but nowadays people are not getting bail in Magistrate cases. Times are changing. Can we as this bench be so rigid?"

ASG Raju further objected to the observation made by the top court on accused right on seeking documents which can play a role in bail proceedings. 

"No there is no right as such... He can request the court to look into this. Suppose there is no document as such and is a clear case of conviction and he only wants to delay the trial, it cannot be a right," ASG Raju noted. 

What is PMLA Act 2002? 

The Prevention of Money Laundering Act, 2002 (PMLA) is an Indian parliamentary law designed to combat money laundering and facilitate the confiscation of assets obtained through such illicit activities. Its primary objective is to address money laundering connected to illegal activities, including drug trafficking, smuggling, and terrorism financing.