{"id":262759,"date":"2023-10-04T19:21:14","date_gmt":"2023-10-04T13:51:14","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=262759"},"modified":"2023-10-04T20:38:01","modified_gmt":"2023-10-04T15:08:01","slug":"ed-must-give-grounds-of-arrest-in-writing-to-accused-sc","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/ed-must-give-grounds-of-arrest-in-writing-to-accused-sc\/","title":{"rendered":"ED must give grounds of arrest in writing to accused: SC"},"content":{"rendered":"\n

Source: <\/b>The post is based on the article <\/span>\u201cED must give grounds of arrest in writing to accused: SC\u201d <\/b>published in \u201c<\/span>Indian Express\u201d on 4th October 2023<\/b><\/p>\n

What is the News?<\/b><\/h2>\n

The Supreme Court has held that the Enforcement Directorate (ED) should furnish the grounds of arrest to the accused in writing at the time of arrest.<\/span><\/p>\n

What did the Supreme Court rule on Enforcement Directorate(ED) powers to arrest?<\/b><\/h2>\n

The Supreme Court has ruled that the Enforcement Directorate (ED) must provide a copy of the grounds of arrest to accused in money laundering cases instead of just verbal information.<\/span><\/p>\n

The court held <\/span>that it is the constitutional right of a person under Article 22(1) to be informed of the grounds of arrest and that this right can be effectively realized only when the grounds are supplied in a written form.<\/span><\/p>\n

\u2013 Article 22(1) of the Constitution says, <\/b>\u201cNo person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice\u201d.<\/span><\/p>\n

The court also said that ED mandated with investigation of the offense of money laundering and violations of foreign exchange laws should not be vindictive in its approach while conducting an investigation.<\/span><\/p>\n

Significance of this judgement: <\/b>This judgment of the Supreme Court is in contrast to a previous SC judgment in 2022 that had held that informing an accused about the grounds of arrest is \u201csufficient compliance\u201d of the mandate of Article 22(1) of the Constitution.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cED must give grounds of arrest in writing to accused: SC\u201d published in \u201cIndian Express\u201d on 4th October 2023 What is the News? The Supreme Court has held that the Enforcement Directorate (ED) should furnish the grounds of arrest to the accused in writing at the time… Continue reading ED must give grounds of arrest in writing to accused: SC<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,1760,9],"tags":[11872,10500],"class_list":["post-262759","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-polity-and-nation","category-public","tag-9pm-daily-factly","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":2,"cached_at":1698472959,"cached_date":1698660551},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/262759","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=262759"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/262759\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=262759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=262759"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=262759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}