On Friday, in a decision that reinforces procedural safeguards, the Calcutta High Court quashed the proceedings initiated under the Prevention of Money Laundering Act (PMLA) against Tutu Ghosh, Bipin Kumar Kedia, and Anil Kumar Jain. The court held that, as mandated by the BNSS, a hearing for the accused is a prerequisite before a court can take cognisance of any case under the PMLA.
The accused had been charged under sections 3 and 4 of the PMLA in conjunction with section 70. They had approached the High Court, contending that the PMLA judge had proceeded in taking cognisance of the offences in clear violation of the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, as no opportunity of hearing had been provided to them prior to the initiation of proceedings.
Senior counsel representing the accused argued that the BNSS explicitly provides for an opportunity of hearing for the accused before cognisance is taken. Failure to grant such a hearing, the counsel maintained, constitutes a violation of the fundamental rights of the individual.
By quashing the PMLA proceedings on these grounds, the Calcutta High Court emphasised the imperative of adhering to procedural due process, affirming that any deviation from the mandatory statutory requirements not only undermines judicial fairness but also compromises the legal safeguards afforded to the accused.
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