At the Oxford Union Society lecture on 4 June 2024, Chief Justice of India D Y Chandrachud emphasised the important role of courts in providing a space for “democratic and reasoned dialogue.” He highlighted how “the State may adopt a purpose-oriented approach [of larger good of society] while enacting laws, which may, have a consequential impact on constitutional values such as justice, equality, liberty, dignity, and individual autonomy.”

Referencing this, Chief Justice Chandrachud stressed on the importance of the role of courts when “the State may be unwilling to balance [individual] rights against weighty purposes.”

“This is where the courts step in,” he said.

Yet, four months away from the end of his 24-month tenure as country’s top judge, the Supreme Court under Chief Justice Chandrachud has not stepped in to decide three long-pending crucial cases that experts said have a “direct nexus with individual rights,” including liberty.

These cases that directly challenge or raise questions about the constitutionality of various provisions of the “draconian” Prevention of Money Laundering Act 2002 (PMLA) and impact its administration have remained unheard for the past 12 to 55 months.

Legal experts told Article 14 the “lack of finality” on crucial questions about the rule of law and protection of fundamental rights that these cases raise was “directly impacting” the rights of accused persons as guaranteed under the Constitution of India.

The Supreme Court’s refusal to take up these cases for deciding led to a situation where Prime Minister Narendra Modi and his government were accused of deploying the investigative agency PMLA empowers—the Enforcement Directorate (ED)—in a “selective and targeted” manner to cull political opponents and topple opposition-led state governments. Though Modi has returned as the Prime Minister, albeit in a coalition this time, many do not anticipate a change in the situation if the Supreme Court continues to ignore these cases selectively.




Sources - https://article-14.com/post/despite-weaponization-of-ed-against-opposition-supreme-court-sees-no-urgency-in-deciding-pmla-constitutional-issues-668b5c5e99be7