In recent years, India’s investigative agencies, notably the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), have faced significant judicial scrutiny over their arrest procedures. Several court rulings have highlighted instances where these agencies overstepped legal boundaries, leading to the declaration of certain arrests as illegal.
Supreme Court’s Stance on ED’s Arrest Powers
A landmark judgment by the Supreme Court in May 2024 clarified the limitations of the ED’s authority under the Prevention of Money Laundering Act (PMLA). The Court ruled that the ED cannot arrest an accused under Section 19 of the PMLA after a Special Court has taken cognizance of the complaint. If the ED seeks custody of the accused for further investigation, it must apply to the Special Court, which will decide based on the necessity of custodial interrogation.
Case Study: NSE Co-Location Scam
The NSE co-location scam serves as a pertinent example where investigative actions were scrutinized. The CBI arrested several individuals, including Anand Subramanian, the former Group Operating Officer of the National Stock Exchange, and Chitra Ramkrishna, the ex-MD of NSE, in connection with the scam. However, the timing and manner of these arrests raised questions about procedural propriety, leading to debates on the legality of such detentions.
Political Implications and Allegations
The arrest of prominent political figures has further intensified discussions on the misuse of arrest powers by probe agencies. For instance, Delhi’s Chief Minister, Arvind Kejriwal, was arrested in March 2024 on corruption charges related to a liquor license scam. Kejriwal and his Aam Aadmi Party (AAP) denied the allegations, labeling them as politically motivated by Prime Minister Narendra Modi’s administration. The Supreme Court later granted him bail, stating that his prolonged incarceration amounted to an unjust deprivation of liberty.
Judicial Pushback and the Call for Accountability
These incidents have prompted the judiciary to reaffirm the importance of due process and the protection of individual liberties. Courts have emphasized that investigative agencies must operate within the confines of the law, ensuring that arrests are justified, necessary, and procedurally sound. This judicial pushback serves as a reminder of the checks and balances integral to a democratic system, aiming to prevent the arbitrary use of power by state agencies.
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