NEW DELHI: Sending a clear message that irrespective of the seriousness of offence, an accused has to be released if statutory procedure is not followed by the investigating agency while arresting him, Supreme Court on Friday directed release of Bhushan Steel promoter Neeraj Singal in a money laundering case for allegedly defrauding financial institutions of Rs 46,000 crore.
Though agreeing that the charges against Singal were serious which should not be treated lightly as it affected the economy and shook the market, a bench of Justices Sanjiv Khanna and Sanjay Kumar allowed his plea for release on the ground that by not, as mandated by Supreme Court, sharing with him the ground of his arrest, Enforcement Directorate had violated the statutory procedure.
The court said the law had to be complied with and there had been a lapse on the part of the agency in compliance. Observing that the agency would be wiser in future and would not repeat the mistake, the bench said courts have to be strict on non-compliance.
“We have to proceed as per the law. There has been a lapse in compliance. It (alleged offence of the accused) shook the market and fudging of account was done. It is a fraud on society but rule of law was not followed,” the bench said, adding that SC’s verdict that ground of arrest has to be furnished to an accused in writing was not followed by ED, which paved the way for relief to the accused.
Trial court to decide terms & conditions of Singal release
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for Singal, said he had been in custody for about 16 months and there had been non-compliance with the apex court’s ruling in Pankaj Bansal case.
The bench, however, refrained from observing whether Singal could be re-arrested. “I don’t know whether you can re-arrest him. I am not very sure on that. I will not like to pronounce on that,” Justice Khanna said.
The court directed that Singal be released on terms and conditions to be imposed by the trial court in addition to surrendering his passport and not leaving the country.
Singal had appealed against the Jan 8 order of Delhi High Court by which his bail plea and petition challenging his arrest by Enforcement Directorate were dismissed.
The apex court had said on Oct 3, 2023, “To give true meaning and purpose to the constitutional and the statutory mandate of Section 19(1) of PMLA of informing the arrested person of the grounds of arrest, we hold that it would be necessary, henceforth, that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.”
Though agreeing that the charges against Singal were serious which should not be treated lightly as it affected the economy and shook the market, a bench of Justices Sanjiv Khanna and Sanjay Kumar allowed his plea for release on the ground that by not, as mandated by Supreme Court, sharing with him the ground of his arrest, Enforcement Directorate had violated the statutory procedure.
The court said the law had to be complied with and there had been a lapse on the part of the agency in compliance. Observing that the agency would be wiser in future and would not repeat the mistake, the bench said courts have to be strict on non-compliance.
“We have to proceed as per the law. There has been a lapse in compliance. It (alleged offence of the accused) shook the market and fudging of account was done. It is a fraud on society but rule of law was not followed,” the bench said, adding that SC’s verdict that ground of arrest has to be furnished to an accused in writing was not followed by ED, which paved the way for relief to the accused.
Trial court to decide terms & conditions of Singal release
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for Singal, said he had been in custody for about 16 months and there had been non-compliance with the apex court’s ruling in Pankaj Bansal case.
The bench, however, refrained from observing whether Singal could be re-arrested. “I don’t know whether you can re-arrest him. I am not very sure on that. I will not like to pronounce on that,” Justice Khanna said.
The court directed that Singal be released on terms and conditions to be imposed by the trial court in addition to surrendering his passport and not leaving the country.
Singal had appealed against the Jan 8 order of Delhi High Court by which his bail plea and petition challenging his arrest by Enforcement Directorate were dismissed.
The apex court had said on Oct 3, 2023, “To give true meaning and purpose to the constitutional and the statutory mandate of Section 19(1) of PMLA of informing the arrested person of the grounds of arrest, we hold that it would be necessary, henceforth, that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception.”
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