Justice Ujjal Bhuyan Flags Public Distrust in ED Arrests, Calls for Higher PMLA Conviction Rates

Justice Ujjal Bhuyan of the Supreme Court recently voiced concerns over the low conviction rates under the Prevention of Money Laundering Act (PMLA), stressing that public doubts about the Enforcement Directorate’s (ED) arrests are likely to persist unless conviction rates improve significantly.

While speaking at the launch of Treatise on PMLA, Law & Practice by advocate Akhilesh Dubey at Mumbai’s Cuffe Parade, Justice Bhuyan underscored the importance of the PMLA in combating financial crimes. However, he highlighted that its practical execution raises questions, particularly in light of the minimal number of successful convictions. Between 2014 and 2024, the ED filed more than 5,300 PMLA cases, but convictions were secured in only about 40 instances—a statistic he described as “abysmally low.”

Justice Bhuyan drew attention to the increasing number of PMLA cases resulting in prolonged detentions without trial. “Although the Act is designed to fight money laundering, what we see in practice is an overwhelming focus on bail hearings due to the sharp rise in case registrations and the delayed conclusion of trials,” he remarked. With trials often prolonged because of the sheer number of witnesses and documentary evidence involved, he questioned whether keeping the accused behind bars for extended periods without conviction is justifiable.

He emphasized the constitutional principle that bail should be the norm, even under stringent laws like the PMLA, especially when conviction rates are negligible. “It would be unjust to hold individuals in custody indefinitely when the odds of conviction are so low,” he stated, echoing the Supreme Court’s evolving perspective on pre-trial incarceration.

Justice Bhuyan also addressed a widespread public misconception: that getting bail implies innocence. He clarified that bail decisions are a matter of judicial discretion and not a judgment on guilt or innocence. “So long as the conviction rate remains poor and investigative processes lack depth, skepticism around ED arrests and ECIR filings will prevail,” he cautioned.

The event saw attendance from other eminent legal figures, including Chief Justice Alok Aradhe of the Bombay High Court, Justice Revati Mohite-Dere, Justice Mahesh Sonak, and Maharashtra Advocate General Dr. Birendra Saraf.

Justice Revati Mohite-Dere also shared her perspective, recalling instances where the court had serious concerns about the ED’s procedural conduct. She cited one such case where the accused was called for questioning in the morning but was only interrogated late at night. The questioning continued until early morning, and the arrest was eventually made at 5:30 a.m. Although the arrest itself was upheld, the court expressed strong disapproval of the ED's methods.

In response to such criticisms, the ED has reportedly implemented internal guidelines instructing officers to carry out interrogations strictly during official working hours, avoiding late-night questioning.

The book launch served as a forum not only for discussing the complexities of the PMLA but also for addressing the broader issues of procedural fairness, judicial responsibility, and civil liberties in the context of economic offenses.