The Supreme Court bench comprising Justice Bela M Trivedi and Justice Pankaj Mithal has taken a significant step by issuing a notice in the petition presented by R.P. Infosystem Ltd. to the Enforcement Directorate Kolkata, alongside the adjudicating authority under the Prevention of Money Laundering Act (PMLA). 

The focus of this petition is to ascertain whether a tribunal, as constituted under the PMLA, can pass a judicial order in the absence of a judicial member.

Advocate Shubhankar Nag, supported by Advocate on Record Kunal Mimani, argued before the court that Section 6 of the Act explicitly mandates the presence of a judicial member within the tribunal when passing any judicial order. Nag further supported his stance by referencing the judicial authority of "Pareena Swaroop vs Union of India," 2008 14 SCC 107. The case emphasizes upon the importance of judicial independence and asserts that only individuals qualified to be judges should be appointed as members of the Appellate Tribunal.

The adjudicating authority established under Section 6 of the PMLA plays a crucial role in adjudicating matters related to the confirmation of provisional attachment orders and the confiscation of property. It is imperative that such an authority includes a member appointed from the field of law, as mandated by the Act.

Further details in the case are awaited.