TMI BlogThe Arrest Protocol Under PMLA: Compliance with Constitutional MandatesX X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Prevention of Money Laundering Act, 2002 (PMLA). This case delves into the interpretation of Section 19 of PMLA and its compliance with the constitutional rights enshrined in Articles 14 , 20 , and 21 of the Indian Constitution . II. Factual Background The appellant, founder of M/s Supertech Limited, faced numerous FIRs leading to an investigation by the Enforcement Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds for such arrest. Article 22(1) of the Constitution: It mandates that an arrested individual must be informed of the grounds of arrest. V. Analysis of Submissions and Legal Interpretations Reliance on Precedents: The appellant's counsel, referencing decisions like Pankaj Bansal v. Union of India , argued for the necessity of a written copy of arrest grounds. The responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larly before the judicial clarification provided in the Pankaj Bansal case. The court underscored the principle of judicial precedent, emphasizing that a two-judge bench cannot overlook the decisions of a larger bench, thus aligning its interpretation with the Vijay Madanlal Choudhary precedent. Ultimately, the appeal was dismissed on the grounds that the arrest procedure adhered to the lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inciples of judicial precedent and legal consistency, ensuring that the rights of individuals are not overlooked in the enforcement of laws aimed at curbing money laundering. Full Text : 2023 (12) TMI 785 - Supreme Court - FAQ - Frequently Asked Questions, TMI Short Notes , Experts comment, opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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