Financial Crime World

Appeal Process under the Prevention of Money Laundering Act, 2002

The Prevention of Money Laundering Act, 2002 provides a framework for individuals to appeal against decisions made by the Adjudicating Authority and the Appellate Tribunal. Here’s an overview of the appeal process:

Appealing Against Orders of the Adjudicating Authority

  • Section 37(1): An order made by the Adjudicating Authority can be appealed to the Appellate Tribunal.
  • Appeal Procedure: The appeal will be heard and decided by the Appellate Tribunal.

Representation Before the Appellate Tribunal

  • Authorized Representatives: An appellant may appear in person or take the assistance of an authorized representative before the Appellate Tribunal. (Section 39(1))

Further Appeal to the High Court

  • Appeal on Question of Law or Fact: Any decision or order of the Appellate Tribunal can be challenged on a question of law or fact by filing an appeal with the High Court. (Section 42)
  • Scope of Appeal: The appeal will be heard and decided by the High Court, providing a further layer of review and scrutiny.

In summary, the Prevention of Money Laundering Act, 2002 provides a clear framework for appealing against decisions made by the Adjudicating Authority and the Appellate Tribunal. This ensures that individuals have access to justice and can contest any adverse orders or decisions.