SC seeks balance between bail and obligation of accused to timely trial

Sub : Polity

Sec : Legislation in news

Context:

The Supreme Court proposed a solution to address delays in trials for accused persons seeking bail in money laundering cases under the Prevention of Money Laundering Act (PMLA).
The Court’s suggestion aims to strike a balance between protecting the accused’s right to liberty and ensuring the trial progresses without undue delays.

Key Proposal:

The Court suggested that accused persons seeking bail on the ground of trial delay should give an undertaking to cooperate fully with the trial and not seek adjournments during the course of the trial.
The Court ruled that a delay in the trial, which is not the fault of the accused, is a valid ground for granting bail.

Violation of fundamental right:

The Court stated that keeping an accused in custody indefinitely while waiting for a speedy trial violates their fundamental right to liberty under Article 21 of the Indian Constitution.

Prevention of Money Laundering Act (PMLA)

Prevention of Money Laundering Act, 2002 was enacted by the Indian Government to prevent money laundering and to provide for confiscation of property derived from money laundering.
Under the PMLA, the burden of proof lies with the accused, who has to prove that the suspect property/assets have not been obtained through proceeds of crime.
The provisions of this act are applicable to all financial institutions, banks (Including RBI), mutual funds, insurance companies, and their financial intermediaries.