To get bail, the accused must undertake not to delay the trial in PMLA cases: SC | India News – Times of India

NEW DELHI: The Supreme Court on Wednesday said it will direct persons accused under the Prevention of Money Laundering Act (PMLA) to take an undertaking that they will not seek adjournment as a condition for granting bail, to ensure that they do not abuse the law. freedom by resorting to delaying tactics in trial proceedings by repeatedly demanding adjournments, reports Amit Anand Choudhary.
A bench of Justices Abhay S Oka and Augustine George Masih said a balance must be maintained between the interests of the accused and the prosecutor and delay in the trial must be avoided, which in itself is a ground for granting bail.
The order which will affect PMLA cases involving politicians and prominent figures accused of money laundering was welcomed by ED officials, who have complained that influential suspects have obstructed the trial by repeatedly seeking adjournments .
ED raises the issue of ‘non-cooperation and delaying tactics’ of suspects during trials
The bench was hearing a bail plea of ​​Zeeshan Haider, one of the accused in the Delhi Waqf money laundering case, in which AAP leader Amanatullah Khan is the prime suspect. Justices Oka and Masih ordered Haider to first personally commit that he would not seek adjournment when the case is heard by the court for framing of charges and in subsequent proceedings.
Senior advocate Vikram Chaudhri, appearing on behalf of the accused, told the court that his client had been in custody for over a year and the trial had not yet started. He invoked the Supreme Court’s ruling that delay of trial and long detention could be grounds for granting bail in money laundering cases, and argued that Haider should also be released on that ground.
The court indicated that it was in favor of granting bail, but said he must first make a personal commitment and file an affidavit stating under oath that he would not seek a postponement of the trial. The matter was posted for hearing on December 3 and he was directed to serve an undertaking before him.
As suspects are now being released on bail more frequently after the various Supreme Court verdicts, the ED has raised the issue of non-cooperation and delaying tactics of the suspect in trial proceedings. Responding to the agency’s concerns, the court said an undertaking from the suspect could go a long way toward ensuring a speedy and timely conclusion to the trial.
Earlier, the court had expressed concern over the manner in which the PMLA Act is being implemented and made it clear that any form of high-handedness in action against the accused in violation of fundamental rights would not be allowed and reminded the court that the accused also right to freedom. “They (ED officers) should not forget that there is such a thing as Article 21 (which guarantees the right to life and liberty) in the country,” the report had noted.
The Rouse Avenue Court in Delhi had earlier granted bail to AAP MLA Khan, chairman of the Delhi Waqf Board, in the money laundering case and refused to entertain the ED’s supplementary charge sheet stating that the necessary sanction to prosecute him was not obtained.