PMLA-ED matter: SC dissolves bench after Govt seeks more time

In fact, December 15 will be the last working day for Justice Kaul because the Supreme Court will be on Christmas-New Year holiday from December 18 to January 1.

Justice Kaul was also part of the five-judge Constitution Bench that heard petitions challenging the constitutional validity of changes made to Article 370 of the Constitution during the Centre’s move on J&K in 2019. He has to deliver his opinion on the matter before retirement.

In the PMLA matter, when Senior Advocate Kapil Sibal, who appeared for petitioner Govind Singh, Leader of Opposition in the outgoing Madhya Pradesh Assembly, said, “We were trying to have this matter heard for months,” Justice Kaul said, “I am conscious of it. With a little heavy heart, I am doing it.”

Seeking more time, Solicitor General Tushar Mehta pointed out that the petitioners had filed a plea to amend their petition and make it more broad-based than what was sought to be done earlier. He said that the petitioners had done a “very very selective reading” of the issue.

“Whether we succeed or they succeed is not material,” Mehta said, adding that the court “must have a comprehensive view of what the PMLA legislation is” and how government after government has implemented it.

He apologised to Justice Kaul for all the trouble and said he must have seen what the Centre had to undergo when Vijay Madanlal Chaudhary was heard.

Justice Kaul said, “Mr Solicitor, I understand everything… This side we see many things, hear many things, don’t say many things. That privilege I can have only from January 1, on the lighter side.”

The bench, also comprising Justices Sanjeev Khanna and Bela M Trivedi, said in its order, “The matter has been heard till 3 pm. The learned solicitor submits that in view of arguments made, he requires more time to examine this issue and seeks deferment. A deferment would leave really no time for this court to pen down the order… The Chief Justice would have to reconstitute the bench in view of one of us demitting office. Necessary orders be obtained from the Chief Justice.”

The bench began hearing the batch of petitions in the matter Wednesday. Over two days, Sibal and Senior Advocate A M Singhvi took the bench through various facets of the matter to buttress their argument why the 2022 judgment by a three-judge bench needs a relook by a larger bench of five judges.

With the Solicitor General seeking more time, Justice Kaul said he had never avoided a matter but “this is the end of my tenure, so it doesn’t make a difference to me. But when you say that you need another day, that day is not available. That’s the problem.”