Supreme Court grants bail to Sanjay Sureka in PMLA case linked to Concast Steel, dismissing challenge to arrest based on five-day reporting delay. Prolonged custody scrutinized under constitutional standards.
Supreme Court Grants Bail to Sanjay Sureka in Concast PMLA Case
The Supreme Court has granted bail to Sanjay Sureka, accused in a money laundering case connected to the collapse of Concast Steel, after he had spent an extended period in judicial custody. The Court rejected the Enforcement Directorate’s argument that his arrest was invalid due to non-compliance with Section 19(2) of the Prevention of Money Laundering Act (PMLA), which mandates reporting of arrest within 24 hours.
The defence contended that the arresting officer delayed filing the report by five days, violating procedural safeguards. However, the Court held that a delay in documentation, without evidence of mala fide or actual physical harm, does not automatically vitiate the arrest.
"Procedural irregularities must be assessed in light of substantive justice and the rights of the accused,"the Bench observed, affirming that prolonged incarceration without trial raises constitutional concerns under Article 21.
The ruling reaffirms the balance between enforcement efficacy and individual liberty in white-collar criminal cases. Practitioners must now closely challenge the proportionality of pre-trial detention in PMLA matters, particularly in prolonged investigations lacking chargesheet finality.
Citations
- Prevention of Money Laundering Act, 2002, Section 19(2)