Headline
The Supreme Court of India declares arrest made by ED as Illegal for violating the rule of 24-Hour.
Summary
The Supreme Court of India stated that the Enforcement Directorate (ED) violated constitutional rights by not producing an arrestee before a magistrate within 24 hours. The court held the arrest as being unlawful and unconstitutional, leading to the entitlement to bail for the accused .
Key Facts
- Case Name: Directorate of Enforcement v. Subhash Sharma
- Judges Name: Justice Abhay S Oka and Justice Ujjal Bhuyan
- Issue: The arrestee was detained at 11 AM on 5th March, 2022, but the ED falsely recorded the arrest as 1:15 AM on 6th March to show the 24-hour need.
- Ruling: The actual custody of the arrestee started at 11 AM on March 5, making the arrest illegal for violating Article 22(2) of the Indian Constitution.
Legal Insights
- The Protection of Money Laundering Act (PMLA) does not override Section 57 of Criminal Procedure Code (CrPc), which means the rule of 24-hour applies to PMLA arrests.
- Violating Articles 21 and 22 of the Indian Constitution provides the accused bail, even if the PMLA twin requirements for bail are not met.
Impact
This ruling of the Supreme Court focuses on the constitutional protection against illegal and unlawful detentions and restricts the power of ED, ensuring strict compliance with due process.
Why It Matters
The judgment upholds fundamental rights, controls misuse of arrest powers, and sets a precedent for similar cases under PMLA and other laws.
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