Hindi English Translation || Editorial || ​Arrest and liberty: On the ED’s actions

​Arrest and liberty: On the ED’s actions

Is proof of necessity a pre-requisite for ED to arrest accused under PMLA?

Two observations made in different contexts by the Supreme Court of India have raised relevant (प्रासंगिक, उपयुक्त) issues concerning personal liberty (स्वतंत्रता). The cases related to actions under the Prevention of Money Laundering Act (PMLA), and the significance of these observations lies in the extent to which courts are inclined to protect personal liberty in the face of a determined government that wants its agencies to have their way. One concerned the question whether an officer arresting a person on money-laundering charges should demonstrate the necessity for arrest for the action to be deemed valid; and the other voiced shock and revulsion (घृणा) at the ease and quickness with which courts were staying reasoned orders granting bail. A Bench headed by Justice Sanjiv Khanna granted interim bail, for the second time since his arrest in March, to Delhi Chief Minister Arvind Kejriwal, in the course of a discussion on the legality of his arrest by the Enforcement Directorate (ED). The 64-page verdict (निर्णय, फ़ैसला) ended with a reference to a larger Bench the question whether the ED would have to prove the need or “necessity to arrest” a person, before effecting an arrest. Section 19 of PMLA speaks of the arresting officer being required to have “reason to believe” that the person is guilty (दोषी, अपराधी) of money-laundering before effecting arrest.

The PMLA casts a statutory obligation (कर्तव्य, जिम्मेदारी) on an officer to both record reasons for arrest and convey grounds for arrest to the accused. Whether these obligations include a duty to demonstrate the necessity to arrest the person will have to be decided. It is established that the existence of a power is not sufficient justification for exercising it. The heartening feature of the Court’s order is that it lays down the view that the authorised officer’s decision on arrest ought to be rooted in compliance (अनुपालन) with statutory requirements, and one that a magistrate or judge can examine. The Court has also done well to reiterate that arrests under the PMLA cannot be on a mere whim; and that decisions during investigation should consider exculpatory (दोषमुक्त करनेवाला) material too, and not merely material against the accused. The other issue, regarding another Bench’s shock over courts staying bail orders, touches upon a key aspect of contemporary (समकालीन) judicial functioning. The vehemence with which the prosecution argues its case, be it against bail or challenging a court’s order granting it, seems to be a major factor in the approach of higher courts. As the Bench noted, a stay on reasoned orders ought to be rare exceptions based on grounds such as perversity (विकृति, प्रतिकूलता) by the lower court, and not done as a matter of routine.

Courtesy: The Hindu

Important Word List With Meaning

1.Relevant (Adjective)

Hindi Meaning - प्रासंगिक, उपयुक्त
English Meaning - Closely connected or appropriate to the matter at hand.

2.Liberty (Noun)

Hindi Meaning - स्वतंत्रता
English Meaning - The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.

3.Revulsion (Noun)

Hindi Meaning - घृणा
English Meaning - A sense of disgust and loathing.

4.Verdict (Noun)

Hindi Meaning - निर्णय, फ़ैसला
English Meaning - A decision on a disputed issue in a civil or criminal case or an inquest.

5.Guilty (Adjective)

Hindi Meaning - दोषी, अपराधी
English Meaning - Responsible for a specified wrongdoing.

6.Obligation (Noun)

Hindi Meaning - कर्तव्य, जिम्मेदारी
English Meaning - An act or course of action to which a person is morally or legally bound; a duty or commitment.

7.Compliance (Noun)

Hindi Meaning - अनुपालन
English Meaning - The act of conforming to a rule or standard.

8.Contemporary (Adjective)

Hindi Meaning - समकालीन
English Meaning - Belonging to or occurring in the present.

9.Exculpatory (Adjective)

Hindi Meaning - दोषमुक्त करनेवाला
English Meaning - Clearing of guilt or blame.

10.Perversity (Noun)

Hindi Meaning - विकृति, प्रतिकूलता
English Meaning - A deliberate desire to behave in an unreasonable or unacceptable way.