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Pankaj Bansal vs Union of India & Ors

Criminal Appeal · 2023 INSC 866Decided 3 Oct 2023
Criminal Appeal Nos. 3051-3052 of 2023
A.S. Bopanna · Sanjay Kumar

Background

Pankaj Bansal and his father Basant Bansal, associated with the M3M Group, were arrested by the Directorate of Enforcement (ED) under Section 19 of the PMLA in connection with a money-laundering case linked to a corruption FIR against a former Special Judge. Just days after the two secured anticipatory bail from the Delhi High Court in an earlier, related ED case (the "first ECIR"), the ED recorded a fresh case (the "second ECIR") based on an older FIR, summoned them on short notice, and arrested both men within hours, without giving them a written copy of the grounds of arrest, merely reading it out to them. Their challenge to the arrests and the remand orders was rejected by the Punjab & Haryana High Court, leading to this appeal.

Decision Breakdown

The Supreme Court found the ED's conduct suspicious and lacking in bona fides, recording a new case against the appellants immediately after they got protection in the earlier one, and arresting them within about 24 hours based on it, suggested a retaliatory motive rather than a fresh, considered decision. On the core legal question, the Court held that simply reading out or allowing an arrested person to read the grounds of arrest is not sufficient compliance with Article 22(1) of the Constitution and Section 19(1) of the PMLA; going forward, a written copy of the grounds of arrest must be furnished to every arrested person as a matter of course, without exception, so that the person can meaningfully consult a lawyer and apply for bail. It also held the remand order invalid because the magistrate had not properly verified compliance with Section 19's safeguards before ordering custody. As the arrests themselves were therefore unlawful, the Court set aside the arrest orders, arrest memos, and all remand orders, and directed that the appellants be released forthwith unless needed in some other case.

Lesson Learnt

Anyone arrested under the PMLA (and by extension, similar special-law protections) has a right to be given the grounds of arrest in writing, not merely told orally: an oral reading-out is not enough, and failure to follow this rule can by itself invalidate an arrest and any resulting custody.

Official source (sci.gov.in)View Judgment (PDF)

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