Supreme Court's Directive: ED Cannot Arrest Under PMLA Without Special Court's Consent

In a significant ruling, the Supreme Court addressed the Enforcement Directorate's (ED) actions concerning arrests in money laundering cases. The court stated that if a special court is already seized on a matter related to money laundering, the ED cannot exercise its powers under Section 19 of the Prevention of Money Laundering Act (PMLA) to make arrests without seeking permission from that court.

The Supreme Court's ruling also specifies the conditions under which the ED can make arrests. It states that the ED must file an application in the special court for any arrests in money laundering cases. Additionally, individuals who were not arrested during the investigation phase will not be subject to the stringent bail conditions outlined in the PMLA.

The Supreme Court's ruling further clarifies the process of obtaining bail. It states that once an accused has been summoned by the court upon the submission of a charge sheet and complies with the summons, they will be eligible for bail without the imposition of the double bail condition stipulated in Section 45 of the Act.

In cases where the ED seeks to arrest an individual after presenting a charge sheet in court, consent must be obtained from the court beforehand.