Supreme Court Prioritizes Right to Liberty: Easing PMLA Bail Norms Amid Trial Delays
GS2GS3
The Supreme Court has ruled that the stringent 'twin conditions' for bail under the PMLA can be relaxed if a trial is significantly delayed. This landmark judgment reinforces the fundamental right to a speedy trial and acts as a safeguard against indefinite pre-trial detention.
In a significant move to protect individual liberties, the Supreme Court of India has ruled that the rigorous 'twin conditions' for granting bail under Section 45 of the Prevention of Money Laundering Act (PMLA), 2002, can be relaxed in cases of inordinate trial delays. This judgment underscores that the right to a speedy trial is a fundamental facet of Article 21 of the Constitution, which cannot be eclipsed by statutory rigors.
Section 45 of the PMLA imposes two formidable hurdles for an accused seeking bail: first, the Public Prosecutor must be given an opportunity to oppose the application; and second, the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offense while on bail. Historically, these conditions have made securing bail under PMLA exceptionally difficult, often leading to prolonged pre-trial incarceration.
Continue reading — free with login
JeetoBharat publishes daily UPSC current affairs mapped to the Mains syllabus. Log in to read full articles.
Log in to read full articleNo credit card required. Free registered users get unlimited access.
This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.