16 Sept 2026
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Supreme Court questions whether PMLA attachment orders can be confirmed without a judicial member

The case focuses on the composition and workload of the Adjudicating Authority that reviews Enforcement Directorate attachment orders.

Supreme Court of India building in New Delhi - file photo
Pinakpani / Wikimedia Commons - CC BY-SA 4.0

The Supreme Court has questioned whether a single-member bench of the PMLA Adjudicating Authority can adequately review Enforcement Directorate attachment orders when it does not include a judicial member.

Petitioners argue that the authority performs a quasi-judicial function because it decides whether provisional attachment of property should continue. The Court also raised questions about workload and the quality of scrutiny when a large number of cases must be decided within statutory timelines.

The issue is institutionally important because attachment can create serious civil consequences even before a criminal trial is completed. The Court has reserved its decision and sought relevant data from the ED.

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