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Supreme Court Rejects Baghel’s PMLA Challenge, Directs High Court Remedy

The bench said the law is sound, noting that concerns over ED misuse must be raised under existing judicial safeguards.

Overview

  • A bench of Justices Surya Kant and Joymalya Bagchi declined to hear Bhupesh Baghel’s challenge to multiple PMLA provisions including Section 44.
  • The court reaffirmed Section 44’s validity, stating that misuse of investigative powers rather than the statute itself is the core issue.
  • Judges highlighted procedural checks such as mandatory clearance from special PMLA courts before supplementary ED investigations.
  • The ED’s probe into an alleged ₹2,000-crore liquor racket in Chhattisgarh involving Baghel and his son continues, with recent arrests and party-led protests.
  • Broader petitions questioning ED practices on disclosure of ECIRs, extended custody and low conviction rates await resolution by a reconstituted Supreme Court bench.