New Delhi: The Supreme Court said that the concept of the Prevention of Money Laundering Act (PMLA) cannot be that a person should remain in jail and questioned if it was being misused like cases registered under section 498A (cruelty against a married woman by her husband and his relatives) of the Indian Penal Code (IPC).
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made the observation while hearing an appeal by former Chhattisgarh excise officer Arun Pati Tripathi and granting him bail in a case in connection with liquor scam in the state on Wednesday. It expressed its surprise at the accused being kept in custody despite the Chhattisgarh High Court quashing a court order taking cognisance of the complaint.
What did the apex court say?
“The concept of PMLA cannot be to ensure that a person should remain in jail. If the tendency is to keep the person in jail, even after cognisance is quashed, what can be said? See what happened in 498A cases, PMLA also being misused like that?” the bench asked.
ED opposed grant of bail
Additional Solicitor General SV Raju, who appeared for the Enforcement Directorate (ED), opposed the grant of bail to Tripathi. He, while submitting that crooks could not get away on technical grounds, said the cognisance was quashed by the High Court for lack of sanction and it was irrelevant for bail.
“It is shocking that the ED knows the cognisance was quashed, yet this was suppressed. We should summon the officers. The ED must come clean,” the bench said and added, “What kind of signals are we giving? Order taking cognisance is quashed and the person is in custody.”
Tripathi was arrested after an investigation by ED
Tripathi, who was arrested on August 8 last year after an investigation by ED initiated by it based on a predicate offence registered by the economic offences wing, Raipur, had moved the top court challenging a High Court order rejecting his bail plea. The High Court quashed the order of the Special Court taking cognisance of the complaint against him on February 7.
