The Supreme Court on Thursday began hearing the issue of maintainability of review petitions challenging its landmark 2022 judgment that had upheld the extensive powers of the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), 2002.
A three-judge bench comprising Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh assembled to examine whether the review pleas filed against the earlier verdict could be entertained.
The 2022 judgment, delivered by a bench led by Justice A.M. Khanwilkar, had validated the ED’s wide-ranging powers, including those related to arrest, search, seizure, and attachment of properties, under PMLA. The ruling was seen as a major boost to the agency’s investigative authority but had also drawn criticism from various quarters for its perceived impact on individual liberties and due process.
The review petitions contend that the judgment overlooked critical constitutional safeguards, particularly regarding personal liberty, presumption of innocence, and transparency in ED’s functioning. Petitioners argue that unchecked powers vested in the agency could lead to misuse.
Today’s hearing is confined to determining the maintainability of these review petitions, before the court can proceed to consider them on merits.
The matter is of significant consequence, as the outcome will decide whether challenges to the 2022 verdict can be reopened or whether the judgment remains final.
