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Special Court jurisdiction made independent of scheduled offences, raising constitutional and procedural validity concerns under bicameralism.
Amendments to Section 44 permit submission of a closure report where no money laundering evidence is found, expand "complaint" to include subsequent complaints arising during inquiry, and insert an Explanation that Special Court jurisdiction under the PMLA operates independently of proceedings in respect of the scheduled offence, disallowing treatment of the two trials as a joint trial; these changes narrow cognizance to a written complaint by authorised authorities and raise conflicts with CrPC procedural rights and exclusive jurisdiction provisions in other special statutes. (AI Summary)
Date 14 Jan 2023
Aditya Mehrotra
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Organization

Symbiosis Law School, Pune

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Connected

January 2023