Government wants to deny bail to PMLA accused by hook or crook: Supreme Court

The Supreme Court on Wednesday rebuked the Central government and the Enforcement Directorate (ED) for making arguments contrary to the provisions of Prevention of Money Laundering Act (PMLA) to oppose bail petitions of accused..The Court said that such a stance of the government showed its belief that a person who is arrested under the PMLA has to be denied bail under any circumstance."This is a clear intention on the part of the government to see that under hook or crook, bail is denied and therefore such submissions are made," Justice Oka said.If the counsel representing the Union of India do not know the basic provisions of law, why should they appear? the Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan asked."If Union of India is to make submission contrary to its own statute...there is no question of communication gap. We will not tolerate such conduct on the part of Union of India to make submissions expressly contrary to statute. We will never appreciate such submission made by Union of India," the Court said..The Court was hearing a bail plea moved by an accused in a money laundering case. In December 2024, the top court had taken strong exception to the ED's argument that the rigorous conditions for bail under Section 45 of the PMLA would apply to women, sick, infirm and persons under sixteen years of age as well.The Court had said that the ED's stance seemed to be flying in the face of the PMLA provisions since the proviso to Section 45 grants exception to women, sick, infirm and persons under sixteen years of age.The argument had been made by Additional Solicitor General (ASG) Satya Darshi Sanjay..Today, Solicitor General (SG) Tushar Mehta appeared in the matter and conceded that the proviso to Section 45 does apply to women in PMLA cases.He said that the earlier argument made by ASG Sanjay during the previous hearing was due to a communication gap."There was some communication gap," Mehta said.However, the Court rejected the explanation and said that the argument made last month by the ASG was "utterly frivolous".It also refused to consider Mehta's request for adjourning the case to Friday as the reply to the bail plea was not on record.Justice Oka said the submission should have been withdrawn.Mehta said,"Sometimes out of fear, we do not communicate properly."However, Justice Oka said opportunity had been given to withdraw the submission.Mehta then tendered an apology."I tender an apology. No further discussion...it is an Exception to sub section 1," Mehta said while referring to Section 45 of the PMLA..The Court, however, was not impressed."What is all this? If people who appear for Union of India do not know basic provisions of law, why should they appear in the matter?" the top court judge added.Mehta reiterated that there was a communication gap."Sometimes we are shivering..." he added.At this, Justice Oka said,"We don't believe in that."On a lighter note, Senior Advocate Sidharth Luthra said,"Only because of the cold!".The Bench then asked whether the government lawyers are under the impression that courts are ignorant of law."If government counsel who appear before the Court are to proceed under [the impression] that courts are ignorant about basic provisions and makes a submission...what do we do, how do we conduct the court proceedings," Justice Oka said."We accept that we don't know entire law but sometimes we know few provisions of law," the judge added.Mehta said that this was not the intention of the counsel. "That I would not agree to; that was not the intention," he said..The Court then proceeded to hear the bail plea on merits.In the order passed today, it granted bail to the accused woman."There is no possibility of trial concluding in near future," it observed while directing the Special PMLA Court to release the accused on bail..At the end of hearing, Justice Oka observed that sometimes the Court has to give a signal to the government."Someday we have to give signals that if such approach is taken...signal has to be given."Mehta said he was not aware of any details of the accused."There is nothing political... for ladies, we also generally (do not oppose bail)," he said as the matter drew to a close.