New Delhi: The Supreme Court has said that even in case of a trial under a special law such as the Prevention of Money Laundering Act (PMLA), the accused had to heard before a court can take cognisance of any money laundering case.A bench of Justices M.M. Sundresh and N.K. Singh also rejected the plea of the Enforcement Directorate (ED) which had earlier submitted that the PMLA law is a standalone enactment and hence the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) did not apply to proceedings under it, reported Times of India.“Though Chapter XVI of the BNSS lays down the procedural law dealing with complaints made to a magistrate, we hold that the aforesaid proviso is substantive in nature, as it does not merely regulate the manner in which the proceedings are to be conducted, rather it confers a right upon the accused to be heard before taking cognisance, which forms a part of the right of an accused to a fair trial enshrined under Article 21 of the Constitution,” said the court.When additional solicitor general S.V. Raju submitted that a special PMLA court cannot be made to follow the general criminal procedure contemplated under BNSS, the bench responded by saying that the mandate of a legislation which ensures the right of an accused to a fair trial cannot be dispensed with, reported TOI.“Taking away the applicability of the provisions governing a complaint under sections 200 to 205 of CrPC (now sections 223 to 228 of BNSS) to the proceedings under PMLA, including the one that has a serious bearing ot only on the right of the accused but also on the power of the court, would lead to disastrous consequences,” said the bench.The bench quashed a PMLA court’s order that had taken cognisance of the offence without hearing the accused. The top court gave directions to the PMLA court to afford the accused an opportunity of hearing.