Prem Prakash, a close aide of Jharkhand’s Chief Minister Hemant Soren, has been granted bail by the Supreme Court in a case related to alleged forgery and money laundering. While granting bail, the Supreme Court made important remarks about the Prevention of Money Laundering Act (PMLA). The Court explained that “bail is the rule, and jail is the exception,” and this principle applies to the PMLA as well. This principle is part of the fundamental rights under Article 21 of the Constitution. The Court stated that a person can only be deprived of their liberty by following the due process of law. The Court also noted that if an accused confesses to a crime during PMLA custody, that statement cannot be used as evidence in court.
What Did the Court Say While Granting Bail to Soren’s Aide?
The Supreme Court made these remarks while granting bail to Prem Prakash, a close associate of Jharkhand CM Hemant Soren. Justice B.R. Gavai’s bench ruled that any flawed statement made by an accused during PMLA custody to an investigating officer is not admissible as evidence. The Court emphasized that under PMLA, bail is the rule and jail is the exception. It also clarified that Section 45 of PMLA only specifies the conditions to be met for granting bail.
Supreme Court’s Remarks on PMLA
The Supreme Court highlighted that personal liberty is always the rule, and depriving someone of liberty through the legal process is the exception. The twin conditions for granting bail do not override this principle. The Court also stated that if the accused’s statements are found to be flawed, they would fall under Section 25. It would be unreasonable to accept such statements as evidence just because the accused was in PMLA custody at that time. Accepting such statements would be unfair and go against the principles of justice. The Court also noted that a person in judicial custody cannot be summoned without a court order. The prosecution must clearly establish issues and facts for considering bail under PMLA. The Court observed that Prem Prakash does not appear to be prima facie guilty of the crime, and there is no likelihood of him tampering with evidence. Therefore, it is appropriate to grant him bail. The Court emphasized that its observations are limited to the bail decision and will not affect the trial. A bail bond of ₹5 lakhs, along with other conditions, will be set by the trial court.
Supreme Court Previously Criticized the ED
With these remarks, the Supreme Court granted bail to Prem Prakash in the money laundering case linked to alleged forgery. During a previous hearing, the Supreme Court had criticized the Enforcement Directorate (ED) for detaining accused individuals without a hearing, describing it as a violation of liberty and likening it to house arrest.
What Are the Allegations Against Prem Prakash?
Prem Prakash, a close aide of Hemant Soren, was arrested in August 2023 in connection with the Ranchi land scam case. The ED arrested him in relation to an illegal stone mining case worth ₹1,000 crores in Sahibganj. He was accused of fraudulent land transactions. Now, he has been granted bail.