New Delhi: The Supreme Court on Friday agreed to hear the former Minister of Home Maharashtra Anil Deshmukh for temporary protection from the arrest in the money laundering case submitted by the Directorate of Enforcement and Posting Cases for 3.
Khanwilkar bench, Krishna Murari and V Ramasubramanian said that there were many petitions Similar submitted by other applicants relating to Section 45 (1) PMLA to place limits for guarantees.
Section 45 (1) Act has two pre-conditions for guarantees – (i) Public Prosecutor’s Office has been given the opportunity to oppose the bail application; and (ii) the court is satisfied that reasonable reason is because it believes that the person is innocent on violations, and the person will not commit any crime when struggling.
But the APEX court stated that it was not constitutional and the government then brought amendments to the law which allegedly revived the provisions.
In the petition filed through the Advocate Avadh Bihari Kaushik, the former minister argued that the peak court had provided temporary protection to other applicants who challenge the provisions and request the same assistance.
“This court is in similar things, especially those related to the determination whether the limitations of the twin in the guarantee below Section 45 (1) PMLA stand revived after the amendment carried out in 2018,” said the petition.
“This court in the case of Nikesh Tarachand Shah categorically held a twin condition below Section 45 (1) PMLA became unconstitutional.
The amendment was taken in March 2018 which did not explicitly generate or revive twin conditions.
Apart from the clear legal position that after The court attacked the same provisions removed from the Book of Law, the enforcement directorate was urgent to conflict with guarantees throughout the country that the twin conditions had been revived and resurrected, “said the petition,” said the petition.