The Supreme Court of India is scheduled to hear today, May 5, 2025, a batch of review petitions challenging its July 27, 2022 verdict that upheld the constitutional validity of the Prevention of Money Laundering Act (PMLA), 2002. The petitions, listed before a special three-judge bench comprising Justices Surya Kant, C.T. Ravikumar, and Ujjal Bhuyan, seek to reconsider key provisions of the PMLA, including those related to the Enforcement Directorate’s (ED) powers of arrest, search, seizure, and attachment of property in money laundering cases.

The 2022 judgment had upheld the twin conditions for bail under Section 45 of the PMLA, which require the court to be satisfied that the accused is not guilty of the offence and is not likely to commit any offence if released on bail. Additionally, the court had ruled that the Enforcement Case Information Report (ECIR) need not be provided to the accused, distinguishing it from a First Information Report (FIR).

In August 2022, the Supreme Court had agreed to hear the review petitions, noting that certain aspects of the 2022 judgment, particularly regarding the presumption of innocence and the non-disclosure of the ECIR, prima facie required reconsideration. The outcome of today’s hearing will determine whether the court will revisit its earlier decision.

Sources