In a landmark ruling, the Supreme Court has unequivocally declared an arrest by the Enforcement Directorate (ED) as unlawful, setting a significant precedent for future detention cases. The Court’s decision hinged on the failure of the ED to present the arrestee before a magistrate within the constitutionally required 24-hour window.
The case centered around the detention of an individual on March 5, 2022, at 11 AM at Delhi’s IGI Airport, under a Look Out Circular issued by the ED. Despite this, the agency recorded the arrest as occurring at 1:15 AM on March 6, 2022, contending that it had met the requirement of presenting the arrestee to the magistrate within the prescribed 24 hours.
However, the Supreme Court, in a judgment delivered by Justices Abhay S. Oka and Ujjal Bhuyan, disagreed with the ED’s defense. The bench pointed out that the individual had been in custody since 11 AM on March 5, making the arrest itself invalid.
The Court’s ruling rested on a clear violation of Article 22(2) of the Constitution of India, which mandates that any arrested individual must be presented before a magistrate within 24 hours. The failure to do so, the Court asserted, infringed upon the fundamental right to personal liberty as guaranteed under Article 21.
Further, the Court emphasized that the provisions of the Prevention of Money Laundering Act (PMLA) did not override this constitutional protection. The ruling clarified that the 24-hour rule applies in cases under PMLA, aligning the act with broader legal principles.
In a pivotal conclusion, the Court stated that when a person’s fundamental rights are violated during arrest, it is the duty of the court to grant bail. In such instances, bail cannot be denied based on technicalities or requirements from the PMLA. The appeal by the ED was dismissed, reinforcing the supremacy of constitutional rights over procedural lapses.
The ruling underscores the Court’s commitment to safeguarding personal liberties and upholding the rule of law in all arrests, irrespective of the charges or circumstances.