5 september 2024 : The Supreme Court is deliberating whether withholding key documents from an accused in money laundering cases, which are not relied upon by the prosecution, infringes on the right to a fair trial under Article 21 of the Constitution.
On Wednesday, a three-judge Bench led by Justice Abhay S. Oka reserved its judgment on whether accused individuals under the Prevention of Money Laundering Act (PMLA) should be entitled to receive seized documents not used by the prosecution before the trial begins.
The Bench questioned if keeping such “clinching” documents from the accused due to procedural reasons violates their constitutional right. It highlighted that, in the evolving legal landscape, withholding documents that exist but are kept from the accused for technical reasons may compromise the fairness of the trial.
The Court is considering whether to establish a new legal precedent on this matter or to refer it to a larger bench for a comprehensive decision. This follows an appeal challenging a Delhi High Court ruling that the prosecution is not required to share such documents at the pre-trial stage.
