Supreme Court Ruling on Fair Trial Rights under PMLA

The Supreme Court underscored the importance of the right to a fair trial, ruling that accused individuals in Prevention of Money Laundering Act (PMLA) cases are entitled to copies of documents even if the prosecution does not rely on them.

Context and Background

• The case was an appeal against a Delhi High Court decision, which limited the provision of documents to only those the prosecution planned to use.

Supreme Court's Decision

• The bench ruled in favor of broader access to documents.
• The decision ensures that the accused are aware of all the documents and materials in possession of the investigating officer, not just those used against them.
• This knowledge enables the accused to invoke Section 91 CrPC (Section 94 BNSS) to request copies of these documents at an appropriate stage.

Fair Trial Rights

• A fair trial is upheld as a right under Article 21 of the Constitution, which includes the right to defend oneself.
• The right to defend encompasses the ability to lead defense evidence, produce documents, and examine witnesses.
• The accused can compel the prosecution or a third party to produce documents or objects in their custody.
• Requests can be declined under Section 232(3) CrPC only if deemed frivolous or intended to cause delays or obstruct justice.

Implications for Trial Courts

• Once a trial court takes cognisance of the prosecution complaint, it must ensure the accused receives:
   
  1. Statements of the complainant and any witnesses recorded by the Special Judge.
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  1. Documents, including statements under section 50 of the PMLA, submitted to the special court.
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  1. Documents produced by the ED up to the date of cognisance.
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  1. Supplementary complaints and related documents.
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  1. Any documents not relied upon by the prosecution.
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