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2008 Supreme(SC) 1454

K. G. BALAKRISHNAN, LOKESHWAR SINGH PANTA, P. SATHASIVAM
Pareena Swarup – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant :K.K. Venugopal, V. Shekhar, Sr. Advs., Ameet Singh and Pramod Swarup, Advocates.
For the Respondent:Gopal Subramanium, A.S.G., M. Chandrashekharan, A.S.G., Satyakam, Vikas Sharma (for B.V. Balaram Das) Dinesh Kr. Garg, Advocates.

JUDGMENT

P. Sathasivam, J. —

1. Ms. Pareena Swarup, member of the Bar, has filed this writ petition under Art. 32 of the Constitution of India by way of Public Interest Litigation seeking to declare various sections of the Prevention of Money Laundering Act, 2002 such as Section 6 which deals with adjudicating authorities, composition, powers etc., Section 25 which deals with the establishment of Appellate Tribunal, Section 27 which deals with composition etc. of the Appellate Tribunal, Section 28 which deals with qualifications for appointment of Chairperson and Members of the Appellate Tribunal, Section 32 which deals with resignation and removal, Section 40 which deals with members etc. as ultra vires of Arts. 14, 19 (1)(g), 21, 50, 323B of the Constitution of India. It is also pleaded that these provisions are in breach of scheme of the Constitutional provisions and power of judiciary.

2. Brief facts in a nutshell are:

The Prevention of Money Laundering Act, 2002 (hereinafter referred to as “the Act”) was introduced for providing punishment for offence of Money Laundering. The Act also provides measures of prevention of money laundering. The object sought to be achieved is by p

















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