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Key question on Enforcement Directorate powers before SC's larger Bench

Should there be an additional requirement for ED officers to demonstrate the need for arrest under Section 19 of PMLA?

In the Arvind Kejriwal case, the court has examined “the necessity and proportionality of the arrest in compliance with Section 19(1) of the PMLA”, said a legal expert 	(Photo: PTI)
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In the Arvind Kejriwal case, the court has examined “the necessity and proportionality of the arrest in compliance with Section 19(1) of the PMLA”, said a legal expert (Photo: PTI)

Bhavini Mishra
A two-judge Bench of the Supreme Court, while granting interim bail to Delhi Chief Minister Arvind Kejriwal in connection with the Delhi excise policy case, referred a critical question to a larger Bench: Can an arrest under Section 19 of the Prevention of Money Laundering Act (PMLA) be challenged on the grounds that there was “no necessity to arrest” the individual?
 
Section 19 of the Act says if the Directorate of Enforcement (ED), on the basis of material in its possession, has “reasons to believe” that any person has been guilty of an offence punishable under PMLA,

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