Evolving Bail Jurisprudence Under PMLA: A Critical Study Of Delhi Liquor Scam Case
- IJLLR Journal
- 52 minutes ago
- 2 min read
Dr. Animesh Jha, Assistant Professor of Law, Dharmashastra National Law University, Jabalpur
Vansh Sharma, Advocate, Jammu & Kashmir and Ladakh High Court, LL.M (Pursuing), Rajiv Gandhi National University of Law, Patiala.
ABSTRACT
Political controversies frequently dominate headlines, but for students of law, these disputes offer more than mere political spectacle they provide a valuable lens to examine judicial responses. The alleged Delhi liquor scam case, involving prominent political figures like the then Chief Minister of Delhi Shri Arvind Kejriwal and Home Minister Shri Manish Sisodia, has understandably captured widespread attention. Yet beyond the political narrative lies an intriguing opportunity: analyzing how courts respond when fundamental rights are at stake. Shri Kejriwal, Shri Sisodia along with various other political functionaries, were arrested in Liquor Scam case and were incarcerated for a substantial period. Ultimately, the Hon’ble Supreme Court though separate but comprehensive bail orders, granted them liberty.
This paper critically examines the bail jurisprudence evolved under the Prevention of Money Laundering Act (PMLA), with a central focus on its application in the alleged Delhi Excise Policy Scam case. It primarily contends that while the Supreme Court, in Vijay Madanlal Choudhary v. Union of India, upheld the constitutional validity of the twin test for bail under Article 21, courts have in contradiction, granted bail to accused individuals in the Delhi Excise Policy case under the same Article 21. This perceptible inconsistency creates what can be termed as a “bail paradox,” raising serious doubts on judicial independence, the selective application of bail laws, and the potential of its misuse in future.
Additionally, this paper argues that the twin test under PMLA is not only a legal barrier but also a powerful tool in the hands of the government, enabling it to mold the bail outcomes as per the whims and fancies of the state and placing them beyond the reach of the courts, irrespective of the merits of the case. By reversing the burden of proof onto the accused, these laws restrict judicial intervention and turn bail into a privilege controlled by the prosecution rather than a fundamental right. This brings to light major concerns regarding the separation of powers, the rule of law, and the erosion of judicial discretion, where courts are often left unable to grant bail even in deserving cases.
Keywords: PMLA, Bail, Twin Test, Liquor Scam, Delhi Excise Case
