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The Supreme Court of India has delivered a significant judgment regarding bail in money laundering cases, asserting that bail is the general rule and imprisonment is the exception, even under the stringent provisions of the Prevention of Money Laundering Act (PMLA). This ruling, delivered while granting bail to Prem Prakash, an alleged associate of Jharkhand Chief Minister Hemant Soren, has far-reaching implications for the interpretation and application of the PMLA in future cases.
The court's decision emphasizes the importance of protecting individual liberty and ensuring fair procedures in criminal justice. The bench, led by Justice B.R. Gavai, underscored that the freedom of individuals is paramount and can only be restricted through legally established processes. This principle aligns with the fundamental rights enshrined in the Indian Constitution, including the right to liberty and the presumption of innocence until proven guilty.
One of the most noteworthy aspects of the judgment is the court's ruling on the admissibility of confessions recorded by the Enforcement Directorate (ED). The court clarified that such confessions will 'not ordinarily' be considered admissible as evidence in PMLA cases. This decision stems from the application of Section 25 of the Indian Evidence Act, which prohibits the admission of confessions made while in police custody. The court recognized the inherent coercion and pressure faced by individuals in custody, making their statements unreliable and potentially influenced by the investigating agency.
The court acknowledged that the applicability of Section 25 to PMLA cases would be evaluated on a case-by-case basis. However, the general principle established by the court is a significant departure from the previous practice of readily accepting confessions made during ED investigations. This ruling reinforces the presumption of innocence and strengthens the principles of fair trial.
The court's decision to grant bail to Prem Prakash was based on the delay in the trial, the extensive list of witnesses to be examined, and the absence of prima facie evidence indicating Prakash's guilt. The court also considered the likelihood of Prakash tampering with evidence, deeming it unlikely. These factors, coupled with the overarching principle of bail as the norm, led the court to grant bail to Prakash subject to specific conditions.
The Supreme Court's judgment in the Prem Prakash case marks a crucial shift in the legal landscape concerning bail in money laundering cases. It firmly establishes the principle of bail as the rule, reinforcing the importance of individual liberty and fair procedures in the justice system. The court's decision on the admissibility of ED confessions is equally significant, as it safeguards against potential coercion and promotes the integrity of evidence in criminal trials. This judgment is likely to have a profound impact on future PMLA cases and shape the legal approach to money laundering investigations in India.