Accused entitled to documents collected by ED, rules top court

An accused is entitled to the copy of the documents and statements collected by the Enforcement Directorate (ED) during investigation of cases under the Prevention of Money Laundering Act (PMLA), 2002, even if not relied upon by the probe agency, the Supreme Court ruled on Wednesday.

A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan held that a copy of the list of statements, documents, materials, objects and exhibits, which are not relied upon by the investigating officer, must also be furnished to the accused.

The court said a fair trial includes the right to defend, which in turn consists of the right to lead defence evidence by examining witnesses and producing documents, it said, adding the right extended to compelling the prosecution or a third party to produce a document or thing in their possession or custody.

The top court said the special judge dealing with the case must direct that along with the process, a copy of the complaint and documents be supplied to the accused.

The verdict came on a petition filed by one Sarla Gupta, accused in a PMLA case, challenging a Delhi High Court judgment that said the prosecution was not obligated to provide documents at the pre-trial stage. Trial courts can decline requests for sharing such documents only on the limited grounds set out in Section 233 (3) of the CrPC — if the request is only made to delay the proceedings, defeat the ends of justice, or for vexatious reasons.

It said the accused can also apply under Section 311 of the CrPC to recall prosecution witnesses and cross-examine them based on such documents. “This right can be exercised even if evidence of both sides is closed,” it clarified.

India