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2024 Supreme(Online)(Del) 33301

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL, J
ARVIND DHAM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vikram Chaudhari, Mr. Pramod Kumar Dubey, Mr. Avi Singh, Mr. Shambhu K. Thakur, Mr. Sumer Singh Boparai, Mr. Ayush Puri, Ms. Arveen Sekhon, Mr. Shikhar Garg, Mr. Ashutosh Jain, Mr. Vinayak Bhandari, Mr. Sirhaan Seth, Mr. Shobh Nath Maurya, Mr. Rishabh Basra, Mr. Vishal Singh, Mr. Sultan Jafri, Mr. Sidhant Saraswat, Mr. Ayush Sachan, Mr. Vaibhav Kapur, Ms. Muskan Sharma, Mr. Varun Bhati
For the Respondents: Mr. Anurag Ahluwalia CGSC, Mr. Tarveen Singh Nanda GP, Ms. Hridyanshi Sharma, Mr. Zoheb Hossain, Mr. Vivek Gurnani, Mr. Pranjal Tripathi, Mr. Rakesh Kumar

JUDGMENT

ANISH DAYAL, J.

I. PROCEEDINGS BEFORE THIS COURT

1. This petition seeks quashing of Arrest Memo and Arrest Order for arrest of petitioner on 9th July 2024 and consequent remand orders.

2. The challenge pivots on alleged violation of Section 19 of Prevention of Money Laundering Act, 2002 (“PMLA”) and of constitutional safeguards against arbitrary detention.

3. Petitioner contends inter alia that exculpatory material, which exonerates petitioner, was not considered in the “grounds of arrest”; petitioner was not provided with “reasons to believe”, grounds of arrest erroneously rely on “directions to investigate” vide Supreme Court’s order dated 27th February 2024 in a public interest litigation (“PIL”) being Jaskaran Singh Chawla v. Union of India & Ors. W.P. (Crl.) 246/2022; the arrest could not be justified on the basis of lack of cooperation by petitioner which was violative of constitutional safeguard against self-incrimination; and other related grounds.

4. To provide a brief overview of proceedings before the Court - notice, in the present petition, was issued on 20th August 2024 and counsel for respondent was directed to file the reply. On the next date of hearing, opening

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