New Delhi, Jan 25 (PTI) Can there be a procedure in law where criminal proceedings can be initiated against an individual without informing as to what is there against him, the question was raised on Tuesday before the Supreme Court which is examining issues concerning the interpretation of certain provisions of the Prevention of Money Laundering Act (PMLA).
A bench headed by Justice A M Khanwilkar was told by senior advocate Kapil Sibal, who was appearing for some of the petitioners, that this will be one of the questions which the apex court will have to consider in the matter.
The senior advocate told the bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar, that in the criminal justice system, any process involving criminal investigation must be open.
He said the issue of a person being called without telling him whether as an accused or a witness is another aspect that the court will have to examine.
“The first question that your lordships will have to consider – can there be a procedure in law, where a criminal proceeding can be started against an individual without informing him as to what is against him,” Sibal said.
During the arguments, the bench observed that the law has to be amended to find out the tainted money.
“As the tainted money flows and finds its way, the law also has to be amended to reach there, if it is tainted. Is it not?” the bench observed.
Sibal said he is not disputing this and his arguments are on the constitutional issue.
“Those who indulge in such activities should be prosecuted but under the law, there is certain protection given to the accused,” the senior counsel told the bench.
“You may want to do anything you want but you have to do that in accordance with the law,” he said.
At the outset, Sibal said he would deal with aspects, including the PMLA Act and the amendments to it, and also on the bail provision.
The bench, which would continue with the arguments on January 27, observed that during the raids conducted recently in a state where elections are going on, a huge amount of cash was recovered.
Solicitor General Tushar Mehta had earlier told the bench that there are over 200 petitions in the matter and interim stays have been granted in several serious cases due to which investigation has been affected.
Some of these petitions have challenged the validity of certain provisions of the PMLA. PTI ABA ABA RKS RKS
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