Supreme Court Rejects Review Petition on ED Arrest Grounds

Supreme Court Rejects Review Petition on ED Arrest Grounds



The Supreme Court has dismissed a review petition challenging its previous judgment, which mandated that the Enforcement Directorate (ED) must provide grounds for arrest to the arrested person. Justices AS Bopanna and Sanjay Kumar, in their March 20 order, found no errors in the previous decision warranting reconsideration.


Mandate for Furnishing Grounds of Arrest


In its earlier ruling, the Supreme Court emphasized the importance of informing the arrested person of the grounds for arrest, as mandated by Section 19(1) of the Act of 2002. The court held that going forward, a copy of the written grounds of arrest must be provided to the arrested person without exception, to fulfill the constitutional and statutory requirements.


Transparency and Non-Vindictiveness in Enforcement


The court reiterated the need for transparency and non-vindictiveness in the actions of the Enforcement Directorate, particularly emphasizing its powers under the Act of 2002. The ED was reminded to act with the highest degree of fairness and probity, as demonstrated in a case involving the M3M Group promoters, where the ED's conduct was found lacking in these aspects.


Relief Granted to M3M Group Promoters


In a specific case concerning the promoters of M3M Group, the Supreme Court ruled in October 2023 that the arrest and subsequent custody of the appellants by the ED were unjustified. The court set aside the orders passed by the Division Bench of the Punjab and Haryana High Court, providing relief to the M3M Group promoters.

Location: Pune, Maharashtra, India

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