SC Flags Rising Abuse of Writ Petitions
The Supreme Court criticized the growing trend of PMLA trial writ misuse. Moreover, the bench observed that many wealthy accused rush to file writ petitions once the Enforcement Directorate begins action. Meanwhile, the CJI highlighted that these litigants try to delay criminal trials by challenging the law itself. As a result, the Court stressed that every accused must stand trial like ordinary citizens. Legal processes cannot bend for the rich. Furthermore, the judges warned that repeated misuse of writ petitions could weaken public confidence in the legal system.
Bench Rejects Challenge to Section 44(1)(c)
The Court made these remarks while hearing a plea by lawyer Gautam Khaitan. He questioned the validity of Section 44(1)(c) of the PMLA. This provision allows one special court to handle both the money-laundering case and the linked scheduled offence. However, the bench refused to entertain his writ. It noted that similar issues are already pending in the review of the Vijay Madanlal Choudhary judgment. Therefore, filing fresh writs only encourages PMLA trial writ misuse and slows down the legal process. In addition, the judges emphasised that constitutional remedies must be used responsibly and not as tools to bypass justice.
CJI Calls for Fewer Parallel Challenges
During the hearing, the CJI warned against using writs to stall trials. He also said repeated constitutional challenges harm the justice system. The bench advised Khaitan to raise his arguments in the ongoing review matters. In addition, the Court noted that such misuse affects the pace of PMLA proceedings. By highlighting PMLA trial writ misuse, the Court sent a strong signal to high-profile litigants. Moreover, the judges made it clear that the courts will not tolerate attempts to delay proceedings through technicalities.
Larger Review of PMLA Framework Ahead
The Supreme Court will soon resume hearings on pending PMLA review petitions. Many petitioners challenge key provisions, including the ED’s powers and strict bail rules. Consequently, the Court emphasised the need to maintain discipline in legal challenges. Finally, the warning about PMLA trial writ misuse underlines that trials must proceed smoothly without unnecessary delays. Additionally, the Court reiterated that wealthy accused must face trials like any other citizen, ensuring fairness and upholding public trust.
