Arvind Kejriwal Vs Directorate of Enforcement (Supreme Court of India)
Case Summary: The Supreme Court of India, in Arvind Kejriwal Vs Directorate of Enforcement, Criminal Appeal No. 2493 of 2024, decided on 12 July 2024, examined the legality of arrest under Section 19 of the Prevention of Money Laundering Act, 2002, and the extent to which courts can scrutinise the Enforcement Directorate’s reasons for arrest. The appeal challenged the Delhi High Court’s order dated 9 April 2024 rejecting Arvind Kejriwal’s challenge to his arrest on 21 March 2024. The Supreme Court clarified that the proceedings concerned the validity of arrest rather than an ordinary application for bail. The principal legal questions involved the requirement of material supporting a reason to believe that an individual is guilty of money laundering, the constitutional obligation to communicate the grounds of arrest, and whether the need and necessity of arrest constitute independently reviewable conditions. The Court recognised that the power to arrest is a serious interference with personal liberty and must be exercised within the statutory framework prescribed by Parliament. It also considered whether the safeguards under Section 19 would become ineffective if the arresting officer’s subjective satisfaction was treated as conclusive and beyond meaningful judicial examination.
