The Supreme Court recently ruled that the Enforcement Directorate’s (ED) arrest was illegal and unconstitutional, as the agency failed to produce the arrestee before a magistrate within 24 hours, violating constitutional safeguards.
The individual was detained at IGI Airport, Delhi, on March 5, 2022, at 11 AM by the Immigration Bureau based on a Look Out Circular issued by the ED. However, the ED recorded the arrest at 1:15 AM on March 6, 2022, arguing that the arrest was lawful since the person was presented before the magistrate the same day at 3 PM, within the stipulated 24-hour period.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan rejected this justification, emphasizing that the person was already in custody from 11 AM on March 5, making the arrest illegal. The Court held that failure to produce the arrestee before the magistrate within 24 hours violated Article 22(2) of the Constitution, rendering the arrest completely unlawful and infringing upon the individual’s fundamental rights, including the right to liberty under Article 21.
The Court further clarified that there is no inconsistency between the Prevention of Money Laundering Act (PMLA) and Section 57 of the Code of Criminal Procedure (Cr.P.C.), making the 24-hour rule applicable to arrests under the PMLA.
Additionally, the Court ruled that when Articles 21 and 22 are violated, an accused is entitled to bail, and bail cannot be denied on the grounds of non-fulfillment of the twin conditions under Section 45(1)(ii) of the PMLA. It emphasized that courts have a duty to uphold fundamental rights and must grant bail when an arrest is found to be illegal.
Consequently, the appeal was dismissed.
Case Title: Directorate of Enforcement v. Subhash Sharma
