SC reconstitutes 3-judge bench to hear petition against 2022 verdict upholding ED powers

New Delhi: The Supreme Court has reconstituted a three-judge bench to consider whether its 2022 ruling upholding the Enforcement Directorate’s (ED) powers under the Prevention of Money Laundering Act (PMLA) should be revisited. The matter is scheduled for a hearing on May 7.

The new bench comprises Justice Surya Kant, Justice Ujjal Bhuyan, and Justice N Kotiswar Singh. It replaces the earlier panel of Justices Kant, Bhuyan, and C T Ravikumar. Justice Ravikumar retired on January 5, prompting the reconstitution.

The case concerns multiple petitions challenging the Supreme Court’s July 2022 decision that upheld various provisions of the PMLA, including the ED’s powers of arrest, search, seizure, and property attachment.

When the case was last mentioned before a two-judge bench on March 6, Justice Kant informed the appearing counsel that the matter had been listed incorrectly. “It requires hearing by a three-judge bench, which will be constituted shortly,” he said.

Following its 2022 ruling, the Supreme Court agreed in August of the same year to review its verdict. It noted that two key issues raised in the petitions — the denial of an Enforcement Case Information Report (ECIR) to the accused and the reversal of the presumption of innocence — may merit further judicial scrutiny.

At the time, the court held that ED officials were not “police officers as such” and stated that an ECIR was not equivalent to a First Information Report (FIR) under the Code of Criminal Procedure. “The requirement to furnish a copy of the ECIR in every case is not necessary,” the bench had observed, adding that informing the arrested person of the grounds for arrest would suffice.

The 2022 judgment was delivered in response to over 200 petitions filed by individuals and organisations challenging the constitutional validity of PMLA provisions. The court had upheld Section 45, which makes offences under the Act cognisable and non-bailable, stating that the twin conditions for bail were “reasonable.” The Opposition has often alleged that the PMLA is being misused to target political opponents, a claim the government has consistently denied.