Supreme Court Stands Firm on PMLA Provision: 'Devil Lies in Abuse'

The Supreme Court on Monday dismissed former Chhattisgarh Chief Minister Bhupesh Baghel's petition challenging the Prevention of Money Laundering Act (PMLA) provision that empowers the Enforcement Directorate (ED) to file supplementary chargesheets. A bench of Justices Surya Kant and Joymalya Bagchi asserted that the issue does not lie within the law itself but rather in its potential for abuse.

Although the court refused to delve into the constitutional validity of Section 44 of the PMLA, it advised Baghel to seek recourse in the high court if he believes the ED is not adhering to the procedures outlined in a 2022 Supreme Court ruling. The bench affirmed that further investigation could unveil truths beneficial to the accused, emphasizing that investigations are offense-centric rather than individual-centric.

The Supreme Court's decision comes amidst ongoing investigations in Chhattisgarh, involving central agencies such as the CBI and ED, into high-profile alleged scams during Baghel's tenure, including the Chhattisgarh liquor scam. These investigations have seen arrests and raise significant questions about procedural adherence and potential misuse of legal provisions.