'Bail is rule, jail exception' applies even in PMLA: SC
The Supreme Court on Wednesday ruled that the general principle that "bail is rule and jail is exception" applies even to money laundering cases under the Prevention of Money Laundering Act. This judgment was delivered while granting bail to Prem Prakash, an alleged associate of Jharkhand Chief Minister Hemant Soren, in a money laundering case. A bench of Justices BR Gavai and KV Viswanathan held that individual liberty is the rule, and its denial through legal procedures is an exception.
Why does this story matter?
Recently, the Supreme Court has stressed the importance of central agencies conducting fair investigations to safeguard individual rights. On Tuesday, the court criticized the Central Bureau of Investigation and the Enforcement Directorate for their handling of the Delhi excise policy case, questioning the fairness of their investigations. Following the bail grant to Bharat Rashtra Samithi leader K Kavitha, who had been in custody since mid-March, the court highlighted concerns about the prosecution's approach, adding that "the prosecution must be fair."
SC emphasizes on individual liberty in PMLA cases
The court clarified, "Relying on the judgment in Manish Sisodia, we have said that even in PMLA, bail is a rule and jail the exception." "Liberty of the individual is always the rule and deprivation, by procedure established by law, the exception. Twin test does not take away this principle," the court said. The stringent conditions for bail under PMLA will to override this principle, the court said.
'Extended detention, slow trial progress...': What the court said
Consequently, the Bench granted bail to Prakash, taking into account the defendant's extended detention and the slow trial progress with many witnesses. This decision overturned the Jharkhand High Court's earlier order denying bail to the defendant. Additionally, the court mandated that the prosecution must establish foundational facts before applying the reverse burden of proof, as specified in Section 24 of the PMLA. It also determined that Prakash is not evidently guilty and is unlikely to tamper with evidence.
SC's earlier judgment on 'bail is the rule'
To recall, in August, the Supreme Court reiterated its principle that "bail is the rule, and jail is the exception" under special laws like the Unlawful Activities (Prevention) Act, 1967. The court said bail should be granted if the conditions specified by the statute are met. A bench led by Justice Abhay Oka and Justice Augustine George Masih granted bail to a man accused of leasing property to alleged members of the banned Popular Front of India for training sessions.
