In a major legal development, the Supreme Court has affirmed that individuals accused under the PMLA have the right to access all material seized by the Enforcement Directorate—even if such documents are not presented in court.
In a landmark ruling on 3 May 2025, the Supreme Court underscored the constitutional right to a fair trial by holding that accused under the Prevention of Money Laundering Act (PMLA) are entitled to access documents collected by the Enforcement Directorate (ED), even if not relied upon in court.
The three-judge bench comprising Justices Sanjay Kishan Kaul, A.S. Oka, and Vikram Nath, in the case of Karthik Narayan v. Directorate of Enforcement, ruled that withholding such material violates the principles of natural justice and compromises the accused’s ability to prepare a defense.
“Access to all collected material is not a luxury — it is the bedrock of procedural fairness,” observed Justice Kaul, writing for the majority. The bench clarified that any document seized by the ED — whether relied on or not — must be furnished to the accused unless covered by specific privilege or national security concerns.
This judgment comes amid rising criticism of ED’s wide discretion under PMLA, often dubbed a “black box” law for its opacity and procedural exceptions. The Court’s reasoning draws from its prior stance in Vijay Madanlal Choudhary v. Union of India (2022), where the constitutionality of PMLA’s provisions was upheld, albeit with concerns about transparency.
Legal experts hailed the move as a vital corrective. Hypothetical senior advocate Priya Mehta noted, “This judgment rebalances the scales by affirming the accused’s right to meaningful participation, especially where liberty is at stake.”
The decision is expected to impact not only pending PMLA cases but also influence future bail hearings where denial of access to ED’s unused material had previously tilted proceedings against the accused.
The ruling also revives debates around the ED’s growing footprint and judicial deference to executive agencies, a theme increasingly scrutinized in the backdrop of politically sensitive investigations.
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Tags: PMLA, Supreme Court, ED powers, due process, constitutional rights, accused rights, Enforcement Directorate
