The Supreme Court's PMLA Judgment: The Paths Not Taken

In light of Supreme Court's recent judgment upholding various provisions of the Prevention of Money Laundering Act, 2002, Shivani Misra of Project 39A speaks to Senior Advocate Aman Lekhi on what the Supreme Court could have done differently while balancing the rights of the individual against the State's power.

Link to the judgement - https://main.sci.gov.in/supremecourt/...

Note: The following are the relevant sections and case laws referred to in the podcast

Sections
Section 3 - Offence of money laundering
www.indiacode.nic.in/bitstream/123456789/2036/1/A2003-15.pdf

Section 19 - Power to arrest
indiankanoon.org/doc/1093594/

Section 24 - Burden of proof
https://www.indiacode.nic.in/bitstrea...

Section 45 - Offence to be cognisable and non-bailable
indiankanoon.org/doc/873452/

Section 50 - Powers of authorities regarding summons, production of documents and to give evidence
indiankanoon.org/doc/1395568/

Judgments referred

Sanjay Dutt v. State through C.B.I., Bombay (1994) 6 SCC 86
https://indiankanoon.org/doc/1655328/

Nikesh Tarachand Shah v. Union of India (2018) 11 SCC 1
https://indiankanoon.org/doc/117859307/

Tofan Singh v. State of Tamil Nadu 2020 SCC OnLine SC 882
https://indiankanoon.org/doc/143202244/

Barkat Ram v. State of Punjab (1962) 3 SCR 338
https://indiankanoon.org/doc/1090657/

Balkishan A Devidayal v. State of Maharashtra (1980) 4 SCC 600
https://indiankanoon.org/doc/832781/