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Can Ed Have The Power To Arrest Any Constitutional Authority

  • Writer: leadindia400
    leadindia400
  • Jan 13
  • 4 min read

It Is Currently Under Operational Supervision Of The Department Of Revenue (Ministry Of Finance). The Ed Is In Charge Of Enforcing The Foreign Exchange Management Act 1999 (Fema) As Well As Some Aspects Of The Prevention Of Money Laundering Act 2002. The Ed Agency Is Critical To Maintaining Peace And Order In India's Financial Sector While Also Protecting The Rights Of The General Public.



Powers Of Ed


  • The Pmla Grants The Ed The Right To Detain Persons Accused Of Economic Offenses.

  • The Ed Has The Authority To Search And Seize Unlawfully Obtained Assets And Real Estate.

  • Individuals And Organizations With Bank Accounts Suspected Of Being Used For Money Laundering Or Other Economic Crimes May Have Them Frozen By The Ed.

  • The Ed May Take Property And Assets Acquired Unlawfully.


Power Of Arrest Of Ed


Section 19 Of The Prevention Of Money Laundering Act 2002 (Pmla) Empowers Authorized Directorate Of Enforcement (Ed) Officials To Arrest People Based On The Material In Their Possession, If There Is A Reasonable Suspicion That They Have Committed A Crime Punishable By Law. It Requires That The Reasons For Such Belief Be Recorded In Writing, With The Grounds Of Arrest Given To The Accused "As Soon As Possible."


Can Ed Arrest Any Constitutional Authority?


The Madras High Court Affirmed The Constitutionality Of A Tn Minister's Detention By The Enforcement Directorate (Ed) And Subsequent Remand In Judicial Custody In A Money-Laundering Case Involving A Cash-For-Work Scheme.


The Ed Has The Authority To Interrogate Any Person Accused In A Pmla Case, And The Minister Can Be Detained Even After 15 Days Have Passed Since His Arrest.


The Court Accepted The Argument That Ed Officials Are Not Police Officers Under The Law Enacted By The Supreme Court In Vijay Madanlal Choudhary V. Union Of India (2022).


The Supreme Court Identified Ed Officials As Not Being Police Officers Solely Because Remarks Made To Them In Any Criminal Case Would Be Inadmissible In Evidence Before The Trial Court Under The Cr.P.C. Statements Given To The Ed, However, Were Admissible In Evidence Under The Pmla.

As A Result, The Reasoning Could Not Be Carried So Far As To Prevent Ed From Successfully Investigating The Charge Of Money Laundering.


The Hc Also Stressed That The Ed Could Not Be Left Without Recourse Because It Had Been Unable To Interview The Minister Since His Detention Due To His Hospitalization. The Court Also Considered The Supreme Court's Verdict In Y. Balaji V. Karthik Desai (2023), In Which The Court Declined To Release Mr. Balaji From The Cash-For-Jobs Scheme.


Let’s Consider The Latest Arvind Kejriwal Case. The Enforcement Directorate (Ed) Filed A Comprehensive Affidavit In The Supreme Court To Counter Delhi Chief Minister Arvind Kejriwal's Petition Challenging His Arrest In The Delhi Excise Policy Case, Emphasizing That There Are No Special Provisions Under The Prevention Of Money Laundering Act, 2002 (Pmla) That Distinguish The Arrest Of A Chief Minister From That Of An Ordinary Citizen.


There Are No Provisions In The Pmla Of 2002 For Different Standards Of Proof To Be Available To Arrest A Chief Minister Or An Ordinary Person, And By Highlighting His Position, The Petitioner Is Attempting To Create A Separate Category For Himself That Cannot Be Accepted... "Arvind Kejriwal, Chief Minister Of The Nct Of Delhi, Is The Kingpin And Key "Conspirator Of The Delhi Excise Scam," The Ed Claimed.


The Ed Emphasized That The Decision To Arrest Kejriwal Was Based On Substantial Evidence And Legal Grounds, Refuting The Aam Aadmi Party (Aap) Convener's Claim That His Arrest Was Timed To Prohibit Him From Campaigning For His Party During The Lok Sabha Polls And Exposing The Chief Minister's Suspected Evasion Of Probe For Nearly Six Months, During Which He Skipped Nine Of The Agency's Summonses.


The Arrest Of A Person, No Matter How High, For Committing A Significant Violation Will Never Contradict The Notion Of Free And Fair Elections. Treating A Politician Differently Than An Average Criminal In A Matter Of Arrest Would Amount To An Arbitrary And Unreasonable Exercise Of Arrest Power, Which Would Contravene The Principle Of Equality Entrenched In Article 14 Of The Constitution."

In Conclusion, The Ed Has The Power To Arrest Any Constitutional Authority Charged With Economic Offenses. The Ed Has Been Granted Broad Powers, Which Have Been Upheld By The Supreme Court, To Defend The Nation's Financial And Commercial Interests. At The Same Time, Ed Is Constrained By The Constitution Of India.


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