2023 (6) TMI 792 - SC - Money Laundering

Seeking unconditional withdrawal of the writ petition - constitutional validity of Sections 50, 63 and other provisions of the PMLA - HELD THAT - Having said that the Court is constrained to observe that despite the Three-Judge Bench decision in the case of Vijay Madanlal Choudhary and Others vs. Union of India and Others 2022 (7) TMI 1316 - SUPREME COURT , upholding the vires of various provisions including Sections 50 and 63 of PMLA, a new trend is developed in this Court to file writ petitions under Article 32 of the Constitution of India again challenging the constitutional validity of Sections 50, 63 and other provisions of the PMLA, also seeking consequential reliefs which otherwise would tantamount to by-passing the other alternative efficacious forums available to the petitioners under the law. The writ petition stands dismissed as withdrawn with limited liberty.

Summary

Issues involved:
The issues involved in the judgment are the withdrawal of writ petitions challenging the constitutional validity of certain provisions of the Prevention of Money-Laundering Act, 2002 (PMLA) and the permission granted to approach appropriate forums for specific prayers.

Summary of Judgment:

Issue 1: Withdrawal of Writ Petition with Limited Liberty

The petitioners sought unconditional withdrawal of the writ petition, excluding one prayer clause, which was allowed with limited liberty to approach the appropriate forum as per the law. The respondents objected to granting liberty, citing a previous judgment covering the issues raised in the petition. The Court permitted withdrawal of the petition except for a specific prayer clause, emphasizing that any future proceedings related to the retained prayer would be decided on its merits and in accordance with the law.

Issue 2: Challenge to PMLA Provisions

Despite a previous judgment upholding the constitutionality of various PMLA provisions, the Court noted a trend of filing writ petitions challenging these provisions under Article 32 of the Constitution of India. The Court expressed concern over bypassing alternative forums available under the law for such challenges. The Court referred to previous observations in another case highlighting the need for further exposition on certain PMLA provisions by a larger bench. The Court emphasized the importance of judicial discipline and the doctrine of stare decisis in maintaining precedential value.

Separate Judgment:

In a separate judgment, another writ petition was withdrawn unconditionally, with the petitioner granted liberty to approach the appropriate court for filing bail or other permissible proceedings. The Court allowed the withdrawal of the petition, with the petitioner retaining the right to seek legal recourse through proper channels, to be decided based on its merits and in accordance with the law.

Overall, the judgment addressed the withdrawal of writ petitions challenging PMLA provisions, highlighted the need to respect judicial precedents, and granted limited liberty for future legal actions in specific prayer clauses.