The Supreme Court has slammed the Enforcement Directorate (ED) for denying bail to women citing non-applicability of Section 45 of Prevention of Money Laundering Act (PMLA) on women.
The bench of Justice Abhay S Oka and Justice Ujjal Bhuyan has criticised the Centre and the Enforcement Directorate (ED) for making arguments contrary to the provisions of the Prevention of Money Laundering Act (PMLA) to oppose bail petitions of the accused.
The ED contended that the proviso to Section 45 of the PMLA will not apply to a woman.
“We will not tolerate conduct on the part of Union of India to make submissions contrary to statute,” the bench said.
Solicitor General Tushar Mehta contended before the bench that the proviso to Section 45 does apply to women in PMLA cases. Mehta submitted that the earlier argument made by an additional solicitor general (ASG) during the previous hearing was due to a communication gap. Mehta offered an apology at the earlier submission made on behalf of the ED.
In December, last year, the top court had pulled up an ASG who had argued that the stringent bail conditions, Section 45 PMLA, are applicable to a woman as well. The apex court had told the government counsel that the proviso to Section 45 clearly exempted women from the twin conditions for bail.
The bench said if the counsel, representing the Centre, does not know the basic provisions of law, why should they appear, and added, “If Union of India is to make submission contrary to its own statute…there is no question of communication gap”.
Case Title – Shashi Bala @ Shashi Bala Singh v. Directorate of Enforcement
Case no. – Petition for Special Leave to Appeal (Crl.) No. 16260/2024
