In a landmark judgment, the Supreme Court of India has mandated the requirement of prior sanction to prosecute public servants under the Prevention of Money Laundering Act (PMLA), 2002. This ruling has far-reaching implications for the governance, accountability, and anti-corruption mechanisms in India. For UPSC aspirants, understanding this decision is crucial for topics like governance, public administration, ethics, and law. This eBook aims to explain the judgment, its implications, and the broader context of PMLA in India.
The PMLA, 2002, was enacted to combat money laundering and confiscate properties derived from illegal activities. The law enables:
Public servants can be prosecuted under PMLA if they are found laundering money or benefiting from proceeds of crime. However, this prosecution often overlaps with provisions of the Prevention of Corruption Act (PCA), 1988, which mandates prior sanction for prosecuting public servants.
The judgment arose from petitions questioning whether prior sanction is required under PMLA for prosecuting public servants accused of money laundering.
The Supreme Court ruled that prior sanction from the competent authority is mandatory for prosecuting public servants under PMLA. This aligns the PMLA with the safeguards provided under the Prevention of Corruption Act (PCA), which protects public servants from frivolous or politically motivated charges.
The Court emphasized:
Public servants involved in concealing, possessing, or using the proceeds of crime can be prosecuted for money laundering.
Allows the attachment of assets suspected to be proceeds of crime, even before prosecution.
The accused must prove that the property in question is not derived from criminal activities, placing a significant onus on public servants under scrutiny.
Public servants convicted under PMLA can face imprisonment ranging from 3 to 7 years, along with fines.
The Supreme Court’s judgment mandating prior sanction to prosecute public servants under PMLA represents a critical step in harmonizing anti-corruption laws with constitutional safeguards. While it seeks to protect honest officials from harassment, the ruling also emphasizes the need for robust mechanisms to ensure accountability and prevent misuse of authority. For UPSC aspirants, this judgment highlights the complex interplay between governance, law, and ethics, providing valuable insights for addressing questions on public administration and anti-corruption strategies in India.
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