The Supreme Court on January 15 criticized the Union of India for presenting arguments contrary to the Prevention of Money Laundering Act (PMLA). The harsh remarks came during a hearing of Shashi Bala v. Directorate of Enforcement (SLP(Crl.) No. 16260/2024).
SC Rejects ED’s Argument On Bail Exemption For Women
A bench of Justices Abhay S Oka and Ujjal Bhuyan disapproved of the Enforcement Directorate’s (ED) claim that the proviso to Section 45(1) of the PMLA exempts women from the strict bail conditions. The Court reminded the ED that the law clearly provides exemptions for women under the twin conditions for bail.
Solicitor General Tushar Mehta later apologized for the misleading submissions, attributing them to a “miscommunication.” However, the Court dismissed this explanation, stating:
The bench had confirmed that they will not tolerate submissions contrary to statute by the Union of India.
Supreme Court Grants Bail To Shashi Bala
The Court granted bail to Shashi Bala, a government school teacher accused of laundering proceeds for Shine City Group. Bala was in custody since November 2023, with no progress in her trial involving 67 witnesses.
The Allahabad High Court had earlier denied her bail due to the gravity of the charges. However, the Supreme Court noted the long incarceration and slow trial progress, allowing her release.
ED Accusations Against Shashi Bala
The ED alleged Bala aided Shine City director Rasheed Naseem in defrauding investors and laundering money. She was accused of facilitating illegal transactions and concealing proceeds of crime.
The Supreme Court’s ruling emphasizes strict adherence to legal provisions and fair trial rights.
