Prem Prakash, an associate of former Jharkhand Chief Minister Hemant Soren, has received significant relief from the Supreme Court. The court granted him bail with certain conditions. Justice BR Gavai and Justice KV Vishwanathan delivered the decision. They emphasized that bail is the rule and jail is the exception, reinforcing that the principle of jail as an exception is a fundamental right under Article 21 of the Constitution.
Court’s Ruling on Custody and Evidence
The court stated that a citizen can only be deprived of freedom by following the proper legal process. It ruled that if an accused admits to a crime before an investigating officer under the Prevention of Money Laundering Act (PMLA), such statements cannot be used as evidence in court. The court criticized indefinite custody without trial, calling it an obstruction to freedom and noting that it prevents the trial from starting and the accused from getting bail.
Prem Prakash was arrested in August 2022 following a raid. Authorities claimed they found two A-47 rifles, 60 live rounds, and two magazines at his Ranchi home. He faces charges under the Money Laundering Act and the Arms Act. The Enforcement Directorate (ED) has filed four supplementary charge sheets in this case.
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