Bail rule, jail exception even in PMLA cases, stresses SC

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and not that of guilt. Drawing upon its August 9 judgment that granted bail to former Delhi deputy chief minister Manish Sisodia in a distinct PMLA case, the court clarified that Section 45 of the PMLA by imposing twin conditions does not rewrite this principle to mean that deprivation is the norm and liberty is the exception. The court made it clear that when the public prosecutor decides to oppose a bail application, the counter affidavit must present a cogent and well-substantiated case showing how the three foundational facts -- the commission of a PMLA offence, existence of proceeds of crime and the involvement of the accused -- are prima facie established. The Supreme Court’s affirmation of the principle that “bail is the rule, and jail is the exception” assumes paramount importance in upholding the constitutional right to personal liberty in a legal landscape where stringent laws such as PMLA and the Unlawful Activities Prevention Act operate, enhancing the risk of prolonged and unjust incarceration.