Chhattisgarh Govt Moves SC Against Provisions Of PMLA

The Chhattisgarh Government has filed a petition in the Supreme Court challenging the provisions of the Prevention of Money Laundering Act (PMLA).

Senior Advocate Mukul Rohatgi and advocate Sumeer Sodhi, standing counsel for Chhattisgarh, brought the matter before a bench of Chief Justice of India (CJI) DY Chandrachud, Justice S Ravindra Bhat, and Justice PS Narasimha.

The original suit was filed under Article 131 of the Constitution in response to recent searches conducted by the Enforcement Directorate (ED) in Chhattisgarh.

The Supreme Court has original jurisdiction over inter-State or Centre and State disputes under Article 131.

The suit seeks a declaration that sections 17 (Search and seizure), 50 (Authorities’ powers regarding summons, production of documents, and giving evidence, etc.), 63 (Punishment for false information or failure to give information, etc.), and 71 (Act to have overriding effect) of the Prevention of Money Laundering Act (PMLA) are unconstitutional.

In the alternative, it has sought a declaration that the provisions of the Code of Criminal Procedure (CrPC) Chapters V (Arrest of Persons), VI (Process to Compel Appearance), VII (Process to Compel the Production of Things), XII (Information to the Police and their Power to Investigate), and XIII (Jurisdiction of the Criminal Courts in Inquiries and Trials) are applicable to the provisions of PMLA.