Compliance with statutory requirements during arrest under the Prevention of Money Laundering Act ensures protection of fundamental rights.

JUDGMENT

Dinesh Kumar Sharma, J.

1. The present petition has been filed under article 226/227 of the Constitution of India r/w section 482 Cr.P.C. for an appropriate writ, order or direction declaring the arrest of the petitioner as illegal and violative of his fundamental rights guaranteed to him under art. 14, 20 and 21 of the constitution of India and consequently forthwith directing release of the petitioner.

2. In the writ petition it has been submitted that the Petitioner was arbitrarily and illegally arrested on 27.06.2023 by Respondent No.2 and was not informed/served the grounds of his arrest. On 28.06.2023 when the petitioner was produced before the learned Special Judge an application was moved seeking copy of ground of arrest which was opposed by the ED and the learned Special Judge directed the ED to file the reply in this regard that the ground of arrest had not been supplied/served upon the petitioner.

3. On 10.07.2023, reply to the application seeking grounds of arrest was filed by the Enforcement Directorate wherein it was claimed that the grounds of arrest were informed to the Petitioner and he was made to read and sign the same. However, the ED refused to supply/serve copy of the same to the Petitioner. The petitioner has stated that a bail application was moved on 13.07.2023 which was rejected on 22.07.2023 by the learned Special Judge and the petitioner was remanded to judicial custody thereafter.

4. The petitioner has also submitted that the ld. NCLAT, New Delhi in Company Appeal (AT) (INS) 406/2022 has passed an order fixing 31.08.2023 as the deadline for completing all process of due diligence and submission of the term sheet of interim finance within two weeks thereafter before the tribunal after completing all the formalities. In the present petition the petitioner has raised following question of law:

a) Whether grounds of arrest need to be orally informed or given in writing?

b) Whether the petitioner's fundamental rights have been violated as he has not been informed/served the grounds of his arrest (that are in writing) and thereby also denying him the right to consult and be defended by his legal practitioner?

c) Whether the fundamental right of the petitioner guaranteed to him under Art. 21 of the Constitution of India has been violated by depriving him of his life and personal liberty - subjecting him to an illegal arrest by setting the criminal law in motion contrary to the procedure established by law?

d) Whether the Petitioner's arrest is contrary to s. 19 of the Prevention of Money Laundering Act, 2002 - thereby violating the Petitioner's fundamental right under Art. 21 read with Art. 14 of the Constitution of India?

5. That the petitioner has submitted in his petition that ED has violated the fundamental right of the Petitioner under Article 22(1) of the Constitution of India, as the Petitioner has been arrested without being informed/communicated/served the grounds of arrest and by denying him right to consult and be defended by a legal practitioner of his choice.

6. The petitioner submitted that the petitioner had filed the writ petition on 02.08.2023 before the Hon'ble Supreme Court of India, as there were conflicting views on this issue. In a judgment dated 13.11.2017, titled " Moin Akhtar Qureshi vs. UOI in W.P (Crl.) No.2465/17, the Division Bench of this Hon'ble Court held that the competent authority is not obliged to inform/serve the order of arrest or grounds of such arrest to arrestee simultaneously with his arrest, while this view has been doubted in the case of Rajbhushan Omprakash Dixit vs. UOI in W.P. (Crl.) 363/2018 dated 19.02.2018 which was referred to a larger bench