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Supreme Court to Test Admissibility of Review Petitions Challenging PMLA Powers

The court has set an August 6 hearing to decide whether petitions against its 2022 money laundering ruling satisfy strict review criteria before deeper examination of ECIR disclosure, reverse burden of proof, rights safeguards

The bench posted the matter for hearing on August 6, making it clear that the preliminary objections raised by ED must be addressed first. (ANI PHOTO)

Overview

  • A three-judge bench led by Justice Surya Kant posted the matter for an August 6 hearing to first determine if review petitions against the July 2022 Vijay Madanlal Choudhary judgment are maintainable under Supreme Court rules.
  • The Enforcement Directorate has framed three preliminary objections centering on whether the petitions meet the narrow threshold for review rather than substantive merits.
  • Petitioners submitted 13 questions for reconsideration, seeking to revisit issues beyond the two matters originally flagged in August 2022.
  • Solicitor General Tushar Mehta urged the bench to confine the review to supply of the Enforcement Case Information Report and the constitutionality of the reverse burden of proof under Section 24.
  • Additional Solicitor General S V Raju argued that any review must show an “error apparent on the face of the record” and cannot function as an appeal in disguise.