SC forms new Bench to hear review pleas against landmark 2022 PMLA verdict

A three-judge bench of the Supreme Court will review petitions challenging the July 2022 decision in the Vijay Madanlal Choudhary case, which confirmed the ED's extensive powers under the PMLA. The new bench includes Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana. The decision was made after parties agreed to alter bench composition.

The 2022 verdict upheld key PMLA provisions regarding ED arrest, search, seizure, reverse burden of proof, non-disclosure of ECIR to accused, and strict bail conditions. Petitioners argue the decision weakened constitutional protections for those facing money-laundering proceedings. The ED contends the petitions lack evidence of "error apparent on the face of the record" and that they would reopen the case as an appeal, which is not allowed in review jurisdiction.

The ED's argument is based on the Supreme Court's August 25, 2022 order, which limited review to ECIR disclosure and reverse burden clause. Petitioners seek reconsideration of broader issues, including retrospective application of PMLA, ED officials' classification, and validity of provisions allowing statement recording by ED officers, which petitioners say could force self-incrimination.

The maintainability of the review petitions will be the first hurdle. In July 2025, the court noted that it would first decide on maintainability before addressing substantive grounds for revisiting the Choudhary judgment.