Supreme Court to Review ED Powers Under PMLA: Key Dates Set

Supreme Court PMLA Enforcement Directorate India Legal Review

May 1, 20266 min readAsia

Supreme Court to Review ED Powers Under PMLA: Key Dates Set

Upcoming hearings on Enforcement Directorate's powers under PMLA

{"results": [{"url": "https://www.thehindu.com/news/national/supreme-court-fixes-july-31-for-hearing-pleas-for-review-of-2022-verdict-upholding-powers-of-enforcement-directorate/article69814440.ece", "title": "Supreme Court fixes July 31 for hearing pleas for review of 2022 verdict upholding powers of Enforcement Directorate - The Hindu", "author": "PTI", "summary": "The Supreme Court has scheduled July 31, 2025, to hear pleas for review of its 2022 verdict that upheld the Enforcement Directorate\u2019s (ED) powers under the Prevention of Money Laundering Act (PMLA), including arrest and attachment of property in money laundering cases. The bench, led by Justices Surya Kant and Joymalya Bagchi, adjourned after the Centre\u2019s Solicitor General Tushar Mehta said he was unavailable. The petitioners\u2019 senior advocate Kapil Sibal did not object to a July 31 hearing. This case directly concerns whether the ED\u2019s investigative powers under PMLA, as affirmed in 2022, stand to be reconsidered. The query mentions Vijay Madanlal Choudhary in relation to PMLA and Reuters\u2019 July 2022 coverage; the article confirms the 2022 affirmation of ED powers and the ongoing review proceedings, with a new hearing date set."}, {"url": "https://www.thehindu.com/news/national/supreme-court-seeks-issues-for-consideration-in-review-of-2022-pmla-ruling-final-hearing-on-august-6-7/article69549139.ece", "title": "PMLA ruling review: Supreme Court seeks issues for consideration - The Hindu", "author": "The Hindu Bureau", "summary": "Summary:\n\n- The Hindu reports on a Supreme Court review petition concerning the 2022 verdict that upheld amendments to the Prevention of Money Laundering Act (PMLA), which expanded Enforcement Directorate (ED) powers (arrest, summons, raids) and altered the burden of proof.\n- The review focuses on two key issues: (1) whether the accused must receive a copy of the Enforcement Case Information Report (ECIR), and (2) whether the burden of proving innocence should rest with the prosecution or the accused.\n- Petitioners, including Karti Chidambaram, argue the 2022 ruling infringes fundamental rights. Centre agrees the review should address only those two issues, while some petitioners urge broader reconsideration in light of conflicting judgments (notably Justice AS Oka\u2019s stance on ECIR disclosure).\n- The Supreme Court bench (Justices Surya Kant, Ujjal Bhuyan, N. Kotiswar Singh) plans to firm up the issues for consideration by July 16, with final hearing possible on August 6-7.\n- Context: The 2022 verdict by Justice A.M. Khanwilkar upheld broad ED powers under PMLA; the current proceedings may lead to a Constitution Bench for definitive guidance if necessary.\n\nRelation to user query:\n\n- The user asked about the 2022 Supreme Court ruling upholding ED powers under PMLA (Vijay Madanlal Choudhary referenced) and Reuters coverage from July 2022. This article details the ongoing review process of that ruling, potential changes to ECIR disclosure, and the allocation of the burden of proof, indicating how the 2022 decision may be revisited."}, {"url": "https://www.thehindu.com/news/national/supreme-court-reconstitutes-three-judge-bench-to-hear-pleas-against-2022-verdict-upholding-ed-powers/article69537378.ece", "title": "Supreme Court reconstitutes three-judge Bench to hear on ED\u2019s powers - The Hindu", "author": "The Hindu Bureau", "summary": "Summary:\n\n- The Supreme Court has reconstituted a three-judge bench to review the July 2022 verdict upholding the Enforcement Directorate\u2019s (ED) powers under the Prevention of Money Laundering Act (PMLA). The new bench will hear on May 7, 2025.\n- The 2022 judgment, authored by Justice A.M. Khanwilkar, upheld key ED powers including arrest, attachment of property, and raids under PMLA, and protected the act\u2019s \u201ctwin conditions\u201d for bail\u2014requiring the accused to prove innocence and that they are not likely to commit further offences if released.\n- Petitioners, including Karti Chidambaram and others, argue the judgment deprives basic rights (e.g., access to ECIR) and shifts the burden of proof onto defendants.\n- The court has emphasized that this review is not an intra-court appeal and will consider whether the 2022 decision appropriately balanced anti-money-laundering goals with individual rights.\n- Context: The case arises amid ongoing debate over PMLA provisions and ED powers, with the 2022 decision widely discussed for its implications on bail, disclosure of ECIR, and the burden of proving innocence.\n\nIf you\u2019re specifically researching the Vijay Madanlal Choudhary matter or Reuters\u2019 coverage of the 2022 ruling, this reformulation confirms:\n- The 2022 Supreme Court decision upheld ED powers under PMLA.\n- A fresh three-judge bench is reviewing that judgment, signaling potential reconsideration of the bail norms and ED authority."}, {"url": "https://www.thehindu.com/news/national/maharashtra/maharashtra-sadan-scam-chamankar-brothers-get-relief-as-bombay-hc-quashes-pmla-case-linked-to-chhagan-bhujbal/article70062389.ece", "title": "Maharashtra Sadan Scam: Chamankar brothers get relief as Bombay HC quashes PMLA case linked to Chhagan Bhujbal - The Hindu", "author": "Purnima Sah", "summary": "Summary:\n- The Hindu reports that the Bombay High Court on Sept 16, 2025, quashed the Enforcement Directorate (ED) money-laundering case (PMLA) against Krishna and Prasanna Chamankar in the Maharashtra Sadan scam, linking to Chhagan Bhujbal. The court set aside the 2016 PMLA charge sheet following an ACB probe into 2015 irregular contracting for Maharashtra Sadan, High Mount Rest House, and RTO buildings.\n- The Chamankars argued that once the predicate offence (the underlying fraud) was discharged in 2021 by a special ACB court, PMLA proceedings could not continue. They relied on the Supreme Court\u2019s Vijay Madanlal Choudhary v. Union of India decision (which held money-laundering charges cannot survive when base offence is quashed or accused acquitted).\n- The ED countered with other judicial rulings (Nik et Kansal, Pavana Dibbur) suggesting PMLA can proceed even if predicate offence is quashed. The High Court, however, agreed with the Chamankars and granted discharge in the ECIR/charge sheet.\n- The case originated from alleged irregularities in awarding contracts for Maharashtra Sadan in New Delhi and related projects during Bhujbal\u2019s tenure as PWD Minister; the ED initially filed money-laundering proceedings in 2015 following an ACB FIR.\n- The ruling provides relief to the Chamankar brothers and raises questions about the reach of PMLA when predicate offences are annulled, aligning with the cited Choudhary judgment.\n\nContext you asked about:\n- Vijay M. Choudhary v. Union of India (Supreme Court) 2022: established that money-laundering charges can be affected if the base (predicate) offence is quashed or accused acquitted, influencing recent PMLA case outcomes.\n- ED powers under PMLA continue to be interpreted variably across courts, with some rulings allowing continuation despite predicate offence outcomes, while others (like this Bombay High Court decision) grant relief when predicate is discharged."}, {"url": "https://frontline.thehindu.com/columns/national-herald-enforcement-directorate-pmla-case/article70429450.ece", "title": "National Herald Case Explained: Why ED\u2019s PMLA Case Failed in 2025 - Frontline", "author": "Saurav Das Saurav Das is an investigative journalist writing on law, judiciary, crime, and policy.", "summary": "- The article explains why the Enforcement Directorate\u2019s ED case under the Prevention of Money Laundering Act (PMLA) in the National Herald matter ran into a procedural setback in December 2025. A Delhi court (Special Judge Vishal Gogne) refused to take cognisance of the ED\u2019s chargesheet, effectively halting the case at its threshold.\n- Key point: The court\u2019s decision was based on procedure and statute\u2014not on facts or the political nature of the case. Cognisance is the stage where the court decides there is a prima facie offence and can proceed to trial; without cognisance, the case cannot move forward.\n- The National Herald matter centers on allegations that Sonia Gandhi, Rahul Gandhi, and others used Young Indian to acquire assets of Associated Journals Ltd (AJL), publisher of National Herald, at inappropriately low values, transforming political funds into private gain.\n- The piece highlights a foundational legal defect in the ED\u2019s case: the ED had not satisfied the statutory requirements to initiate cognisance under the PMLA, jeopardizing the case\u2019s ability to proceed despite ongoing investigations.\n- Contextual reference: The article situates this within broader debates about ED powers under the PMLA and how procedural requirements influence high-profile political prosecutions.\n- Related to your query: If you\u2019re researching the ED\u2019s PMLA powers, the 2022 Supreme Court stance on ED authority, and how procedural hurdles can affect money-laundering prosecutions in India, this Frontline analysis shows a concrete instance where cognisance requirements hampered a major case, illustrating limits of PMLA deployment even in politically sensitive investigations.\n\nNote: The user\u2019s query mentions \u201cVijay Madanlal Choudhary PMLA 2022 Supreme Court upheld ED powers Reuters July 2022 India money laundering law.\u201d If you want, I can pull a focused summary on that specific 2022 Supreme Court ruling and its implications for ED powers under PMLA, contrasting it with the National Herald 2025 cognizance issue."}]}

Originally published by The Hindu.

Sources (19)

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ED achieves 94.82% conviction rate in money-laundering cases at end of 2025 - The Hindu

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Supreme Court questions ‘poor’ conviction rate in ED cases - The Hindu

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ED says it has secured over 94% conviction rate in PMLA cases - The Hindu

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ED attaches ₹4,190 cr in crypto cases, declares one accused as Fugitive Economic Offender - The Hindu

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ED filed closure reports in 49 cases under PMLA over 10 years - The Hindu

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National Herald Case: Court rejects ED’s plea against Rahul, Sonia - The Hindu

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Supreme Court fixes July 31 for hearing pleas for review of 2022 verdict upholding powers of Enforcement Directorate - The Hindu

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PMLA ruling review: Supreme Court seeks issues for consideration - The Hindu

thehindu.com

Supreme Court reconstitutes three-judge Bench to hear on ED’s powers - The Hindu

thehindu.com

Maharashtra Sadan Scam: Chamankar brothers get relief as Bombay HC quashes PMLA case linked to Chhagan Bhujbal - The Hindu

thehindu.com

National Herald Case Explained: Why ED’s PMLA Case Failed in 2025 - Frontline

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