The Supreme Court maintained the principle that the word ‘bail’ is the rule in ‘Money Laundering cases’ whereas incarceration is the exception.
The semblance of this theme has been replicated by the Supreme Court on November 29 in the matter which is in context to Jharkhand Chief Minister Hemant Soren’s aide in the illegal mining related case of Enforcement Directorate when it was pronounced that even in money laundering cases bail is a rule and jail is an exception.
Justices BR Gavai and KV Viswanathan on a bench said that as in earlier in this judgment it had been hold that even in the deterrent provisions under this law is pertaining to the prevention of money laundering, ‘Bail is a rule and jail is an exception’ is applicable.
The Bench stated that no one should be deprived of its liberty and section 45 of PMLA which states two conditions for further detention of the accused in a money laundering case does not change the situation that deprivation of liberty is the rule.
In its ruling referring to the August 9 order in the case of Manish Sisodia former deputy chief minister of Delhi on charges of money laundering and corruption supreme court observed that individual liberty is the rule and restriction to such liberty is only under the procedures established by law.
“The principle herein is not negated by the twin test under section 45 of the PMLA,” the bench opined.
This applied to Prem Prakash, who was said to be a close associate of Mr Soren by the ED and was charged with some illegal activities in the state including mining.
The Supreme Court went ahead and cancelled the bail denial order that had been issued by the Jharkhand High Court on 22nd March.
