NEW DELHI: The Supreme Court on Wednesday said it would direct persons accused under the Prevention of Money Laundering Act (PMLA) to give an undertaking that they would not seek adjournments as a condition to grant them bail, in order to ensure they do not misuse the liberty by resorting to delaying tactics in trial proceedings by seeking repeated adjournments, reports Amit Anand Choudhary.
A bench of Justices Abhay S Oka and Augustine George Masih said a balance has to be maintained between the interests of the accused and the prosecuting agency and to prevent delay in trial which is itself a ground for granting bail.
The order which will have a bearing on PMLA cases involving politicians and high-profile figures facing money laundering charges was welcomed by officials in the ED, which has complained that influential accused have been hindering trial by seeking repeated adjournments.
ED raises issue of ‘non-cooperation and delaying tactics’ by accused during trials
The bench was hearing a bail plea of Zeeshan Haider, who is one of the accused in the Delhi Waqf money laundering case, which has AAP leader Amanatullah Khan as the main accused. Justices Oka and Masih directed Haider to first give personal undertaking that he would not seek any adjournment when the case is taken up by trial court for framing of charges and in subsequent proceedings.
Senior advocate Vikram Chaudhri, appearing for the accused, told the bench that his client had been in custody for more than a year and trial had not yet been initiated. Invoking the apex court’s ruling that delay in trial and long incarceration could be a ground for granting bail in money laundering cases, he submitted that Haider should also be released on that ground.
The bench indicated that it was in favour of granting him bail but said that he had to first give personal undertaking and had to file an affidavit stating on oath that he would not seek adjournment in trial proceedings. It posted the case for hearing to Dec 3 and directed him to file undertaking before it.
As accused are now being granted bail more frequently after the apex court’s various rulings, the ED has raised the issue of non-cooperation and delaying tactics by the accused in trial proceedings. Addressing the agency’s concerns, the court said an undertaking by the accused could go a long way in ensuring speedy and timely completion of trial.
Earlier, the court had expressed concern over the way in which the PMLA law is being implemented and made it clear that any high handedness in action against the accused in violation of the fundamental rights would not be allowed and reminded the agency that the accused also have right to liberty. “They (ED officers) should remember that there is something called Article 21 in the country (which guarantees right to life and liberty),” it had observed.
The Rouse Avenue Court in Delhi had earlier granted bail to AAP MLA Khan, chairman of Delhi Waqf Board, in the money laundering case and declined to take cognisance of the ED’s supplementary chargesheet, stating that the necessary sanction to prosecute him was not obtained.
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