"ED Can't Arrest Accused...": Supreme Court Delivers Big Judgement

The Supreme Court of India (SC) on Thursday, May 16, delivered a landmark judgment related to the powers of the Enforcement Directorate (ED). A bench of Justice Abhay S Oka and Justice Ujjal Bhayan reviewed the ED's powers to make arrest under section 19 of the Prevention of Money Laundering Act (PMLA), if the accused appears as summoned following special court's directions that took cognizance of the complaint.

Cutting down the powers, the Supreme Court said that agencies must get permission to make arrests from the court first.

"After cognizance is taken of the offence... the ED and its officers are powerless to exercise powers under Section 19 to arrest the person shown as accused in the complaint," the Supreme Court said.

Section 19 of the PMLA acts states that ED can arrest an individual "on the basis of material in possession (and) reason to believe (to be recorded in writing) that the person is guilty."

However, ED has to tell the grounds to individuals for his arrest.

The court underlined that in cases where an accused answers summons, they could not be seen 'in custody'. Arresting should only be made in cases, in which, the court believes custodial interrogation is required.

"If the ED wants custody of (an) accused after the person (answers a special court's) summons, it needs to apply to the special court," the Supreme Court said.