Bail is rule, jail is exception even in money laundering cases: SC

New Delhi: In a landmark decision, the Supreme Court on Wednesday reaffirmed that bail should be the norm even in cases under the Prevention of Money Laundering Act (PMLA). The ruling came as the court granted relief to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, in an illegal mining-related case.

A bench comprising Justices BR Gavai and KV Viswanathan emphasised: “No person should be deprived of its liberty,” adding that Section 45 of the PMLA, which outlines twin conditions for bail, “does not rewrite the principle to mean that deprivation of liberty is the norm.”

The court’s decision references the August 9 verdict in cases involving former Delhi Deputy Chief Minister Manish Sisodia, reinforcing that “liberty of the individual is always the rule and deprivation of it by procedure established by law is the exception.”

Justice Gavai stated: “Even in cases under the Prevention of Money Laundering Act, bail is a rule and jail is an exception.” This pronouncement challenges the stringent bail provisions often applied in PMLA cases.

The Supreme Court set aside the Jharkhand High Court’s March 22 order denying bail to Prakash, who is accused by the Enforcement Directorate of involvement in illegal mining activities in Jharkhand. The top court has directed the trial court to expedite the case.

Legal experts view this ruling as a significant development in balancing individual rights with the demands of law enforcement in financial crime cases. “This judgement reaffirms the fundamental right to liberty enshrined in our Constitution,” remarked senior advocate Rajesh Kumar.