Supreme Court of India · 2023-12-15
RAM KISHOR ARORA vs DIRECTORATE OF ENFORCEMENT
- Citation / case number
- SC 2023/40323
- Court
- Supreme Court of India
- Petitioner
- RAM KISHOR ARORA
- Respondent
- DIRECTORATE OF ENFORCEMENT
- Author
- HON'BLE MS. JUSTICE BELA M. TRIVEDI
- Bench
- HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA HON'BLE MS. JUSTICE BELA M. TRIVEDI
Judgment text excerpt
The Supreme Court examined whether the action of the Enforcement Directorate in handing over and subsequently withdrawing the grounds of arrest, without providing a copy to the arrestee at the time of arrest, violates the rights guaranteed under Articles 14, 20, and 21 of the Constitution of India under Section 19 of the Prevention of Money Laundering Act, 2002. The Court focused on the procedural requirements for arrest and the rights of the accused during detention. The Court emphasized that failure to furnish a copy of grounds of arrest at the time of arrest could render the arrest illegal, impacting the fundamental rights of the individual.