The Supreme Court has ruled that the right of an accused to be heard before cognisance of charges under the Prevention of Money Laundering Act (PMLA) is applicable, citing the Constitution's Article 21 on fair trial.
A bench of Justices MM Sundresh and N Kotiswar Singh held that Chapter XVI of the Bharatiya Nagarik Suraksha Sanhita (BNSS) confers a right upon the accused to be heard before taking cognisance, which forms a part of the right of an accused to a fair trial.
The court reversed the Delhi high court's ruling, which had upheld the Enforcement Directorate's argument that Section 223(1) of the BNSS was not applicable in the case.
The Supreme Court noted that the provision uses the word "shall" and is mandatory in nature, and that non-compliance with it is not just an irregularity but an illegality.
The court observed that when a better right has been conferred under the BNSS, it should benefit the accused, and held that Sections 200 to 205 of the CrPC (now Sections 223 to 228 of the BNSS) would be applicable to proceedings under the PMLA.
