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2024 Supreme(SC) 576

SANJIV KHANNA, DIPANKAR DATTA
Arvind Kejriwal – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates appeared:
For the Appellant(s) : Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Amit Desai, Sr. Adv. Mr. Vikram Chaudhari, Sr. Adv. Mr. Vivek Jain, AOR Mr. Mohd. Irshad, Adv. Mr. Rajat Bhardwaj, Adv. Mr. Karan Sharma, Adv. Ms. Suchitra Kumbhat, Adv. Mr. Amit Bhandari, Adv. Mr. Sadiq Noor, Adv. Mr. Rajat Jain, Adv. Mr. Mohit Siwach, Adv. Mr. Kautubh Khanna, Adv.
For the Respondent(s): Mr. Tushar Mehta, SG Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

SANJIV KHANNA, J.

This appeal filed by the appellant – Arvind Kejriwal assails the judgment and order dated 09.04.2024 passed by the single Judge of the High Court of Delhi whereby the Criminal Writ Petition filed by Arvind Kejriwal under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 19731[For short, the “Code”.], challenging his arrest by the Directorate of Enforcement2[For short, “DoE”.], vide the arrest order dated 21.03.2024, on the ground of violation of Section 19 of the Prevention of Money Laundering Act, 20023[For short, the “PML Act”.], and the proceedings pursuant thereto including the order of remand dated 22.03.2024 to the custody of DoE passed by the Special Judge, has been rejected.

2. At the outset, we must clarify that this is not an appeal against refusal or grant of bail. Instead, this appeal impugns the validity of arrest under Section 19 of the PML Act. It raises a pivotal question regarding the scope and ambit of the trial court/courts to examine the legality of the arrest under Section 19. The issue is legal in nature, and with the ratio being propounded in detail, the decision becomes comple

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