The Chhattisgarh

Tag: SC

  • Bail Is Rule And Jail Is Exception Is Applicable Even In Money Laundering Cases: SC |

    New Delhi: The Supreme Court on Wednesday held that even in money laundering cases, bail is a rule and jail is an exception, and granted relief to Jharkhand Chief Minister Hemant Soren’s aide in an illegal mining related case registered by the Enforcement Directorate.

    A bench of Justices BR Gavai and KV Viswanathan said the court has held that even in cases under the Prevention of Money Laundering Act (PMLA), “bail is a rule and jail is an exception.”

    The bench said no person should be deprived of its liberty and section 45 of the PMLA which lays down twin conditions for bail of an accused in a money laundering case does not rewrite the principle to mean that deprivation of liberty is the norm.

    The top court referred to the August 9 verdict in the money laundering and corruption cases involving former deputy chief minister Manish Sisodia to say that liberty of the individual is always the rule and deprivation of it by procedure established by law is the exception.

    “Twin test under section 45 of the PMLA does not take away this principle,” the bench held.

    It granted bail to one Prem Prakash, who is alleged to be a close aide of Soren by the ED and has been accused of being involved in illegal mining in the state.

    The top court set aside the March 22 order of the Jharkhand High Court denying him bail and directed the trial court to expedite the trial in the case.

  • Strong Judicial System Part Of Viksit Bharat Says PM Modi As Supreme Court Turns 75 |

    New Delhi: Prime Minister Narendra Modi on Sunday said the government was modernising laws keeping in view the present context and in line with the best practices. Addressing the 75th anniversary celebrations of the Supreme Court here, he said that with the enactment of three new criminal justice laws, India’s legal, policing and investigative systems have entered a new era.

    “It is important to ensure that the transition to new laws from the ones dating back to hundreds of years is smooth. In this regard, we have already started training and capacity building work for government employees,” the prime minister said. PM Modi urged the Supreme Court to come forward to work towards the capacity building of other stakeholders.

    “An empowered judicial system is a part of Viksit Bharat. The government is working continuously and taking many decisions to form a trusted judicial system. The Jan Vishwas Bill is a step in this direction. In the future, this will reduce the unnecessary burden on the judicial system,” the prime minister said.

    He said the Supreme Court has strengthened India’s vibrant democracy and given many important verdicts on individual rights, freedom of speech which have given new direction to the country’s socio-political milieu.

    “Today’s economic policies of India will form the basis of tomorrow’s bright India. The laws being made in India today will further strengthen tomorrow’s bright India,” the prime minister said.

    “Laws made today will brighten the future of India. With changes happening globally, the world’s eyes are set on India, as the world’s faith is growing stronger in India. In such times, it is important for India to take advantage of every opportunity given to us,” Modi said.

    He also noted that last week the government had approved ₹ 800 crore for expansion of the Supreme Court building.