New Delhi (26.04.2023): The Chhattisgarh government has filed a suit in the Supreme Court against the provisions of PMLA. The original suit under Article 131 of the Constitution is regarding recent searches being conducted by the ED in Chhattisgarh.

Under Article 131, the SC has original jurisdiction over inter-state or the Centre and state disputes. The suit raises constitutional questions regarding sections 17 (Search and seizure), 50 (Powers of authorities regarding summons, production of documents and to give evidence, etc.), 63 (Punishment for false information or failure to give information, etc.) and 71 (Act to have overriding effect) of the PMLA and seeks a declaration that they are ultra vires of the Constitution.

In the alternative, it has sought a declaration that provisions of Chapter V (Arrest of persons), VI (Process to compel appearance), VII (Process to compel the production of things), XII (Information to the Police and their power to investigate), and XIII (Jurisdiction of the criminal courts in inquiries and trials) of the Code of Criminal Procedure (CrPC) are applicable to the provisions of PMLA.