Supreme Court highlights low conviction rate under PMLA, questions ED on quality of prosecution

The Supreme Court on Wednesday told the Enforcement Directorate (ED) that it should focus on the quality of prosecution and should conduct probe and prosecution on the basis of scientific evidence rather than relying solely on witness statements [Sunil Kumar Aggarwal vs ED]..The Bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan highlighted the poor rate of convictions under the Prevention of Money Laundering Act (PMLA), saying there have been only 40 odd convictions out of the 5,000 cases probed by the agency. ."Out of 5,000 cases registered, there have been 40 convictions. Imagine now," Justice Bhuyan remarked. Justice Surya Kant then weighed in saying the quality of investigation has to be improved."You (ED) need to focus on the quality of prosecution. These are such serious charges hampering the economy of this country. Here you are harping upon statements given by some persons.. this kind of oral evidence. Tomorrow God knows whether he (witness) will stick to it. There has to be some scientific evidence," Justice Kant stated.Interestingly, Justice Surya Kant and Justice Ujjal Bhuyan are a part of another three-judge bench which is slated to hear review petitions against PMLA judgment in Vijay Madanlal Choudhary v. Union of India.The observations today were made while hearing the bail plea of Chhattisgarh-based businessman, Sunil Kumar Aggarwal who was arrested in connection with a money laundering case related to illegal levy on coal transportation.The Court had earlier granted interim bail to Aggarwal after noting that he had already undergone incarceration for one year and seven months.The three-judge bench today noted that there was no need to interfere with the interim bail granted and held that the petitioner needs to be granted permanent bail.Justice Dipankar Datta asked ED whether the arrest order under Section 19 of PMLA was sustainable."You cannot say that burden is on the accused to prove it when you yourself cannot prove he is guilty. Do not put the cart before the horse," said Justice Datta.Additional Solicitor General SV Raju maintained that the conduct of ED was in consonance with the provisions of PMLA.The Court eventually proceeded to allow the plea."The petitioner deserves to be enlarged on bail during pendency of trial," the Court ordered today.Senior Advocate Mukul Rohatgi appeared for AggarwalSimilar order of confirming the extension of interim bail was also passed in favour of Deepesh Taunk, one of the accused in the illegal coal levy scam case.Taunk was represented by advocate Sriram Parakkat..Pertinently, the observations by the Supreme Court on PMLA convictions today came close on the heels of the Central government addressing questions in parliament on August 6 regarding cases registered the anti-money laundering law.As per the government's reply in parliament, only 40 of the 5,297 cases registered under the PMLA over the last ten years resulted in conviction. The Finance Ministry also revealed that 132 cases under PMLA were registered against politicians since 2019.The Ministry further informed that during the same period, 5 trials under PMLA were completed and 1 conviction was recorded..The plea by by Sunil Kumar Aggarwal was filed through a team of from Cyril Amarchand Mangaldas comprising Partner, Nikhil Varshney and Associates, Sriharsh Raj and Kartik Sharma..[Read live thread]