Rich Can't Bypass Court Tiers, Supreme Court Rules
Rich Can't Bypass Court Tiers, Supreme Court Rules
The Supreme Court rejects pleas by wealthy defendants to bypass judicial tiers, insisting they must face PMLA trials like ordinary citizens.
In a firm stand against what it called a growing trend, the Supreme Court on Tuesday declined to entertain a plea challenging the vires of Section 44 of the Prevention of Money Laundering Act (PMLA). The bench, led by Chief Justice Surya Kant, made clear that money-laundering cases cannot be hijacked by the wealthy to jump straight to the apex court or sidestep the normal trial process. This decision comes as lawyers and other affluent individuals increasingly attempt writ petitions to challenge statutory provisions while their criminal cases are underway.
The matter involved Gautam Khaitan, a lawyer linked to money-laundering charges arising from the AgustaWestland VVIP helicopter deal. Khaitan challenged Section 44, which requires that if a court other than a designated PMLA special court takes cognisance of a “scheduled offence,” the case must be transferred to the special court dealing with the money-laundering charge upon the authorising authority’s application. The court’s objective is to prevent jurisdictional conflicts and ensure that the predicate offence and the laundering case are adjudicated in a single forum.
During the hearing, the bench warned against what it described as a troubling trend: affluent accused approaching the top court to challenge the vires of statutory provisions while criminal trials proceed. “Just because I am rich I will challenge the vires of the law... this practice must stop,” the CJI stated. The bench noted that the constitutional validity of PMLA provisions is already under consideration in review petitions arising from its Vijay Madanlal decision, and said that such issues would be heard together with related petitions.
Observers commented that the ruling reinforces equal application of the law, signaling that high-profile figures will not receive special treatment in pursuit of legal relief. At the same time, the court underscored that petitions challenging PMLA provisions are still alive and will be heard in an integrated manner with other pending matters. The decision thus preserves jurisdictional consistency and streamlines the process for all parties involved.
