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december 2023

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.

RAM KISHOR ARORA vs DIRECTORATE OF ENFORCEMENT · Niyam