Even in money laundering cases, bail is the rule and jail is the exception: SC

NEW DELHI, Aug 28: On Wednesday, the Supreme Court reinforced the principle that bail should be the norm and imprisonment the exception, even in cases involving money laundering. This ruling provided relief to Prem Prakash, an aide to Jharkhand Chief Minister Hemant Soren, who was entangled in an illegal mining case investigated by the Enforcement Directorate (ED).

A bench consisting of Justices B.R. Gavai and K.V. Viswanathan emphasized that this principle applies under the Prevention of Money Laundering Act (PMLA). They clarified that the PMLA’s Section 45, which imposes specific conditions for granting bail, does not alter the fundamental rule that an individual’s liberty should be preserved and deprivation of it is exceptional. “Twin test under section 45 of the PMLA does not take away this principle,” the bench held.

Referring to the court’s August 9 decision regarding money laundering and corruption cases involving former Deputy Chief Minister Manish Sisodia, the bench highlighted that personal liberty remains the general rule, with deprivation only permissible through due legal process.

In its ruling, the Supreme Court overturned the Jharkhand High Court’s March 22 decision that had denied bail to Prem Prakash. The High Court’s order was criticized for deviating from the established principle that bail is the default in such cases. The Supreme Court’s directive now requires the trial court to expedite proceedings in this case, ensuring a timely resolution.