While upholding the right to privacy in 2017, the Supreme Court overruled the decision in ADM Jabalpur v. Shivkant Shukla (1976). However, the recent decision in Vijay Madanlal Choudhary v. Union of India , upholding the constitutionality of the Prevention of Money Laundering Act (PMLA), is proof that the ghost of ADM Jabalpur has been resurrected. The old maxim of bail being the norm and jail the exception has been judicially cremated with this decision. Bail is now not even an exception; it is impossible.
Draconian preconditions for bail
First, consider the draconian preconditions for the grant of bail in Section 45 of the PMLA. To be eligible for bail, the arrested person must persuade the court that there are reasonable grounds for believing that he is not guilty of the money laundering offences brought by the Enforcement Directorate (ED). The onus is on the accused to prove that an event did not transpire. If he cannot do this, he will continue to languish in jail.
