SC: Tough PMLA bail conditions can't override accused's right
The Supreme Court of India has ruled that the stringent bail conditions under the Prevention of Money Laundering Act (PMLA) cannot override an accused's constitutional right to a speedy trial. The court emphasized that prolonged incarceration violates Article 21, allowing for bail even in complex financial cases if the trial process is excessively delayed.
Why it matters
This ruling sets a significant legal precedent that limits the state's power to keep undertrials in custody indefinitely under special anti-money laundering laws.
NEW DELHI: SC has said that stringent bail conditions set under special laws such as PMLA cannot override rights granted by the Constitution, holding prolonged incarceration of an undertrial violates the fundamental right to speedy trial.A bench of Justices Aravind Kumar and Vipul M Pancholi said an accused could not be kept in custody till completion of trial and held that the accused was entitled to bail in case of delay in trial despite the stringent bail conditions under the anti-money laundering law.Section 45 of PMLA prescribes twin conditions for grant of bail.PMLA accused can't be in jail till trial ends, says SCThe PMLA section says no accused shall be released on bail unless the public prosecutor has been given an opportunity to oppose the application for such release, and the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and…
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