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Supreme Court Rejects Khaitan Challenge to PMLA Section 44(1)(c)

The court said the question will be taken up in pending Vijay Madanlal review petitions expected to be heard later this month.

Overview

  • Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed Gautam Khaitan’s writ petition and told him to face trial like any other citizen.
  • The bench condemned what it called a trend of affluent accused filing constitutional challenges during ongoing trials, saying the practice must stop.
  • The judges directed that the legality of Section 44(1)(c) be addressed within the existing PMLA review proceedings arising from Vijay Madanlal, keeping the question of law open.
  • Liberty to intervene in those review matters was granted to senior advocate Siddharth Luthra, not to the petitioner.
  • Section 44(1)(c) provides for related scheduled-offence and money-laundering cases to be tried together before a Special Court where practicable, and Khaitan faces charges linked to the AgustaWestland case.