New Delhi: The Supreme Court on Wednesday (February 12) noted that the concept of the Prevention of Money Laundering Act (PMLA) cannot be to ensure that a person should remain in jail.
The court made the observations while granting bail to an accused in a PMLA case after noting that the order taking cognisance of the prosecution complaint filed by the Enforcement Directorate (ED) has been quashed, reported LiveLaw.
A bench of Justices Justice Abhay S Oka and Justice Ujjal Bhuyan quizzed the ED for continuing the custody of the accused when the order taking cognisance has been quashed by the high court. The cognisance was quashed by the high court for the reason that no sanction for prosecution of the accused was obtained.
“If cognisance has been quashed, why should the accused be in jail? Concept of PMLA cannot be to ensure that a person should remain in jail. I will tell you frankly, looking at several cases, See what happened in 498A cases, if this is the approach of the ED…very very serious offence, but if the tendency is to keep the person somehow in jail, even after cognizance is quashed, what can be said?” observed Justice Oka.
The bench expressed its displeasure at the ED for not being upfront in informing the court about the cognisance being quashed.
“It is shocking that ED knows that the cognizance was quashed, yet this was suppressed. After 5 questions, this was informed to us. We should summon the officers. ED must come clean,” Justice Oka said.a
