PMLA Interpretation - 2018 Amendment Has Revived The Twin Conditions For Bail Which Were Struck Down : Solicitor General Tells Supreme Court

The Supreme Court on Tuesday resumed hearing the string of petitions challenging the constitutionality of several provisions of the PMLA Act. The SG continuned to submit, "The argument in Nikesh Tarachand was based only on the fact that what attracts the twin conditions is 3 years or more imprisonment for Part A scheduled offences. Justice C. T. Ravikumar indicated the last paragraph of Nikesh Tarachand where the Court has stated as follows- "Regard being had to the above, we declare Section 45 of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.". Justice Khanwilkar continued, "The argument was that at the time of arrest he gets FIR copy." 'Existence of material to back grounds for arrest is mandatory and shall be shared with court at every stage, while ensuring the accused does not come to know'- SG Tushar Mehta "Now the next argument is that Section 19 can be invoked only after complaint is filed -till you file a complaint, you cannot arrest.