Supreme Court considers PMLA authority functioning without judicial member

The Supreme Court of India reserved verdict on whether the adjudicating authority under the Prevention of Money Laundering Act (PMLA) can function without a judicial member, which matters to citizens as it affects the legal process for money laundering cases involving property attachment and confiscation.

Citizens affected by PMLA proceedings, including individuals and companies facing money laundering investigations or property attachment orders.

• The adjudicating authority under PMLA must consist of a chairperson and two members, with one member having experience in law, administration, finance, or accountancy.
• Section 6(2) of PMLA requires one member to have experience in the field of law.
• The Supreme Court is considering if the adjudicating authority can function without a judicial member for quasi-judicial functions like provisional attachment orders.
• The learned Single Judge quashed a provisional order of attachment and show cause notice on the grounds that the adjudicating authority lacked a judicial member.
• The Supreme Court noted that the adjudicating authority under PMLA is not a judicial tribunal but performs quasi-judicial functions.

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