India's Supreme Court sets new legal standards for Enforcement Directorate arrests in PMLA cases, requiring written grounds of arrest and immediate release if procedural or substantive violations occur.

India's Supreme Court has set new legal standards to prevent arbitrary and unjust arrests by the Enforcement Directorate (ED) in Prevention of Money Laundering Act (PMLA) cases. The court emphasized the importance of judicial scrutiny to ensure the fundamental right to life and liberty is not violated. It stated that the ED must provide "written grounds of arrest" to the accused, and courts must immediately release an arrested person if there are procedural or substantive violations. The court also underlined that the power to arrest under Section 19(1) of PMLA is not for the purpose of investigation and can only be exercised when material with the designated officer enables them to form an opinion, by recording reasons in writing.

July 12, 2024
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