New Delhi, 13 February 2025: The Supreme Court criticized the repeated use of the Prevention of Money Laundering Act (PMLA) to keep individuals in jail, comparing its alleged misuse to that of dowry laws. Granting bail to former Chhattisgarh Excise officer Arun Pati Tripathi, a bench of Justices Abhay S Oka and Augustine George Masih stated that PMLA provisions cannot be used to detain someone indefinitely.
Tripathi, arrested in 2023 for alleged money laundering in the Chhattisgarh liquor scam, secured bail but remains in custody due to a separate case filed by the Economic Offences Wing.
The court has recently taken a critical stance against central agencies, questioning the prolonged incarceration of accused individuals, including political figures, without substantive evidence. Former Chief Justice DY Chandrachud had repeatedly stated that bail, not jail, should be the norm.
Earlier, the Supreme Court granted bail to AAP leader Sanjay Singh in the excise policy case, noting, “Nothing has been recovered… there is no trace” of the alleged bribes linked to the party.
In another instance, while granting bail to Bharat Rashtra Samithi leader K Kavitha in the same case, the court affirmed that it would monitor the proceedings for “fairness and impartiality.”
Under PMLA, which is non-bailable, the burden of proof shifts to the accused, who must demonstrate their innocence and assure the court that they will not reoffend.
This provision, enshrined in Section 45, was previously upheld by the Supreme Court. However, the court has granted bail in certain cases, citing the proviso to Section 45(1), which allows relief for individuals who are sick or infirm.
During Tripathi’s bail hearing, the court scrutinized his WhatsApp exchanges with other accused individuals.
“We could have granted you bail right away, but we are not doing it for two reasons. Look at the WhatsApp chats. What business did you have sharing holograms with Anwar Dhebar, who then forwarded them to Anil Tuteja?” the bench remarked.
Dhebar, a businessman with political connections, is alleged to have led a cartel that collected commissions from liquor retailers and influenced policy decisions. Tripathi, then chairman of Chhattisgarh Marketing Corporation, was accused of assisting Dhebar and former bureaucrat Anil Tuteja in manipulating the liquor trade.
