In a landmark ruling today, the Supreme Court of India has reinforced the fundamental principle that mere non-cooperation with Enforcement Directorate (ED) summons does not constitute a basis for arrest.
The apex court’s pronouncement came in the context of the recent arrest of two directors of the prominent real estate firm M3M, Pankaj Bansal and Basant Bansal. The court underlined that failure to respond to ED’s inquiries should not be regarded as sufficient grounds for the agency to apprehend an individual.
The Supreme Court emphasized that any statutory authority, including the ED empowered by the rigorous 2002 Act, must adhere to the established legal procedures and boundaries defined by the law. It stressed the importance of conducting investigations with utmost fairness, impartiality, and probity, highlighting that vindictiveness should play no part in such proceedings.
This ruling comes in the wake of the recent release of Pankaj Bansal and Basant Bansal, ordered by the Supreme Court, which found the ED’s actions in a money laundering case to be flawed. The court remarked that the ED had failed to fulfill its obligations and exercise its powers within the prescribed parameters.
This decision by the Supreme Court sets a precedent for protecting individual rights and ensuring that law enforcement agencies operate within the bounds of the law.
