NEW DELHI: A vacation bench of justices Bela M Trivedi and Prashant Kumar Mishra, while permitting the seven petitions to be withdrawn, said that filing of such petitions where constitutional validity of PMLA provisions are being challenged has become a trend.
As most of these petitions also sought protection from arrest from the top court, the bench observed: “This has become an alternate means to bypass approaching the high courts under Section 438 of Code of Criminal Procedure (CrPC) for anticipatory bail.”
On Monday, the court indicated that it was not inclined to entertain such petitions because a Supreme Court judgment by a three-judge bench in the Vijay Madanlal Chaudhary case on July 27 last year upheld all contentious provisions of PMLA. The judgment was binding on courts and there was no reason for such petitions to be filed reopening the validity of the PMLA provisions, specifically Section 50 (power to issue summons and seek attendance) and Section 63 (punishment for giving false information), which already stood decided, it said.
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