New Delhi: In a significant judgment, the Supreme Court on Wednesday reiterated that even in cases under the Prevention of Money Laundering Act (PMLA), the principle of “bail as a rule and jail as an exception” holds firm.
The ruling came as the apex court granted bail to Prem Prakash, an aide of Jharkhand Chief Minister Hemant Soren, who was implicated in an illegal mining case by the Enforcement Directorate (ED).
A bench comprising Justices BR Gavai and KV Viswanathan underscored the importance of individual liberty, emphasizing that no person should be deprived of their freedom unless absolutely necessary. The bench observed that the twin conditions for bail under Section 45 of the PMLA, which require courts to be satisfied that there are reasonable grounds for believing the accused is not guilty and that they are unlikely to commit any offense while on bail, do not override the fundamental principle that deprivation of liberty is an exception.
The Supreme Court referred to its recent verdict on August 9, concerning the bail plea of former Delhi Deputy Chief Minister Manish Sisodia, who was embroiled in money laundering and corruption charges. The court reiterated that the principle of liberty must be maintained, and any curtailment of it should only occur through established legal procedures.
In its ruling, the bench stated, “The twin test under Section 45 of the PMLA does not take away this principle,” reaffirming that bail should be the norm even in cases involving serious allegations of money laundering.
Prem Prakash had previously been denied bail by the Jharkhand High Court on March 22. However, the Supreme Court overturned this decision, granting him bail and instructing the trial court to expedite the proceedings in the case.
This judgment reinforces the judiciary’s stance on safeguarding individual freedoms while ensuring that legal procedures are followed meticulously. The Supreme Court’s decision is likely to have broader implications for future cases under the PMLA, where the balance between upholding the law and protecting personal liberty continues to be a critical consideration.
