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ED can't arrest after special court takes cognizance of PMLA complaint: SC (Read court order copy)
New Delhi, May 17, 2024: The Supreme Court on Thursday held that the Enforcement Directorate cannot arrest an accused person after the special court has taken cognizance of the complaint.
Notably, the apex court had expressed its prima facie view on the matter during the hearing on March 1, 2024. Click link to read order copy: https://drive.google.com/file/d/1dICJRkvVeR9i8T7w-KVXsOCHrYdRLU6W/view?usp=sharing
"Prima facie, it appears to us that once cognizance of a complaint filed under Section 44 is taken by the Special Court under the Prevention of Money Laundering Act, 2002 (for short "the PMLA Act"), the power to arrest vesting under Section 19 of the PMLA Act cannot be exercised. The question is, if pursuant to the summons issued by the Special Court, the accused appears before the Special Court whether he is required to apply for bail in terms of Section 437 of the Code of Criminal Procedure, 1973. If the answer to the said issue is in affirmative, the other question is whether such a bail plea will be governed by the twin conditions imposed by Section 45 of the PMLA Act," read the order issued by SC on the matter in March 1.
The petitioner Tarsem Lal in the top court has challenged Punjab and Haryana High Court's December 2023 order, which denied anticipatory bail to him in a money laundering case.
The top court also held that the accused who appeared before the court pursuant to the summon wouldn't be required to apply for bail.
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Click to watch video - Supreme Court Lawyer Expalians the Judgement and its implications :