Thread by @P39A_nlud

PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): The question is to whether some of the amendments in 2019 could not have been enacted by way of Money Bill has not been examined in this judgment

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PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): S 3 has a wide reach, capturing every activity indirectly or directly related to money laundering, and is not related merely to the final act of laundering the money.

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PMLA Judgment by Sup Ct (bench headed by J Khanwilkar): Expression 'and' in S. 3 has to be interpreted as 'or', thus mere possession of proceeds of crime is money laundering. Argument of petitioner that concealment is necessary is rejected

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PMLA Judgment by Sup Ct: The ED cannot prosecute people on the assumption that a predicate offence has been committed. If the person is acquitted or discharged for predicate offence, there can be no offence of money laundering

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PMLA Judgment by Sup Ct: S. 5 is constitutionally valid. S. 8(4) is also valid. Sufficient safeguards are also provided in S. 17. S. 19 (arrest) challenge is disregarded, and provision does not suffer from arbitrariness

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PMLA Judgment by Sup Ct: Reversal of burden of proof is valid under PMLA (S. 24). Bail (S. 45) - Nikesh Shah judgment did not obliterate the section, and Parliament can revive the section; Nikesh Shah judgment is incorrect

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PMLA Judgment by Sup Ct: Onerous bail conditions under PMLA S. 45 are reasonable and necessary to achieve the purpose of the Act

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PMLA Judgment by Sup Ct: S. 50 procedure are in the nature of an inquiry, and not an investigation; ED officers are not police as such. Punishment of fine or arrest for false info is not compulsion

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PMLA Judgment by Sup Ct: ECIR filed by ED is not equivalent to an FIR, and an FIR for predicate offence need not be registered before proceedings begin under PMLA

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PMLA Judgment by Sup Ct: ED may publish information on its website that explains the broad outline of its powers. Petitioner's concern for injustice is justified insofar as the non-functioning of Appellant Authority is concerned

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PMLA Judgment by Sup Ct: The wide nature of offences covered as predicate offences under PMLA is within legislative prerogative and challenge to this is rejected

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PMLA Judgment by Sup Ct: When a person is before the Special Ct, the Ct can ask for records to see if continued imprisonment is necessary

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With this pronouncement, several important challenges to PMLA provisions have been rejected. As we await the Ct's reasoning, it is worthwhile to ponder its impact on the larger criminal justice issues.
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