2024 (5) TMI 1104 - SC - Money Laundering

Legility of arrest of petitioner - inherent difference between the provisions contained in Section 19 of the PMLA and Section 43A and 43B of the UAPA - HELD THAT - There is no significant difference in the language employed in Section 19 (1) of the PMLA and Section 43B (1) of the UAPA which can persuade to take a view that the interpretation of the phrase inform him of the grounds for such arrest made by this Court in the case of Pankaj Bansal 2023 (10) TMI 175 - SUPREME COURT should not be applied to an accused arrested under the provisions of the UAPA. The provision regarding the communication of the grounds of arrest to a person arrested contained in Section 43B (1) of the UAPA is verbatim the same as that in Section 19 (1) of the PMLA - As a matter of fact, both the provisions find their source in the constitutional safeguard provided under Article 22 (1) of the Constitution of India. Hence, applying the golden rules of interpretation, the provisions which lay down a very important constitutional safeguard to a person arrested on charges of committing an offence either under the PMLA or under the UAPA, have to be uniformly construed and applied. There is no doubt in the mind of the Court that any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest. The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as, this information would be the only effective means for the arrested person to consult his Advocate; oppose the police custody remand and to seek bail. Any other interpretation would tantamount to diluting the sanctity of the fundamental right guaranteed under Article 22 (1) of the Constitution of India. The remand order dated 4th October, 2023 records that the copy of the remand application had been sent to the learned Advocate engaged by the accused appellant through shri App. A bare perusal of the remand order is enough to satisfy us that these two lines were subsequently inserted in the order because the script in which these two lines were written is much finer as compared to the remaining part of the order and moreover, these two lines give a clear indication of subsequent insertion. Once this Court has interpreted the provisions of the statute in context to the constitutional scheme and has laid down that the grounds of arrest have to be conveyed to the accused in writing expeditiously, the said ratio becomes the law of the land binding on all the Courts in the country by virtue of Article 141 of the Constitution of India. There is no hesitation in the mind of the Court to reach to a conclusion that the copy of the remand application in the purported exercise of communication of the grounds of arrest in writing was not provided to the accused appellant or his counsel before passing of the order of remand dated 4th October, 2023 which vitiates the arrest and subsequent remand of the appellant - the appellant is entitled to a direction for release from custody by applying the ratio of the judgment rendered by this Court in the case of Pankaj Bansal. The arrest of the appellant followed by remand order dated 4th October, 2023 and so also the impugned order passed by the High Court of Delhi dated 13th October, 2023 are hereby declared to be invalid in the eyes of law and are quashed and set aside. Appeal allowed.

Issues Involved:

1. Legality of the arrest.
2. Validity of the remand order.
3. Communication of grounds of arrest.
4. Applicability of the Pankaj Bansal judgment.

Summary:

Issue 1: Legality of the Arrest

The appellant challenged the arrest as illegal, arguing it violated fundamental rights under Articles 21 and 22 of the Constitution. The arrest was made in connection with FIR No. 224/2023 for offenses under UAPA and IPC. The arrest memo did not contain any column regarding the 'grounds of arrest,' which was the primary bone of contention.

Issue 2: Validity of the Remand Order

The appellant was presented before the Remand Judge on 4th October 2023 and remanded to seven days police custody. The proceedings were criticized as manipulated, with allegations of subsequent insertions in the remand order. The appellant's counsel argued that the remand order was passed without informing the grounds of arrest to the appellant or his legal representative, violating Article 22(1) of the Constitution and Section 50 of CrPC.

Issue 3: Communication of Grounds of Arrest

The appellant argued that the grounds of arrest were not communicated either orally or in writing, violating constitutional mandates. The Supreme Court held that the grounds of arrest must be communicated in writing to the arrested person as a matter of course, applying the ratio of the Pankaj Bansal judgment. The Court noted that the arrest memo only contained formal reasons for arrest and not specific grounds, rendering the arrest and subsequent remand illegal.

Issue 4: Applicability of the Pankaj Bansal Judgment

The appellant's counsel relied on the Pankaj Bansal judgment, which mandates that grounds of arrest must be communicated in writing. The respondent argued that this judgment was prospective and not applicable. However, the Supreme Court held that the ratio of Pankaj Bansal applies to the case, as the judgment was delivered on 3rd October 2023, and the remand order was passed on 4th October 2023.

Conclusion:

The Supreme Court declared the arrest of the appellant and the remand order dated 4th October 2023 as invalid, quashing them. The appellant was directed to be released from custody on furnishing bail and bonds to the satisfaction of the trial court. The Court emphasized that none of the observations should be treated as comments on the merits of the case. The appeal was allowed, and pending applications were disposed of.

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