ED should act uniformly, confirm to one rule for all in making arrest: Supreme Court

New Delhi: The Supreme Court on Friday said the Enforcement Directorate should act uniformly, be consistent in conduct, and confirm to one rule for all in making arrest in its cases.

A bench of Justices Sanjiv Khanna and Dipankar Datta noted as per the data available on the website of the ED as on January 31, 2023, 5,906 ECIRs were recorded.

However, search was conducted in 531 ECIRs by issue of 4,954 search warrants. The total number of ECIRs recorded against ex-MPs, MLAs and MLCs was 176. The number of persons arrested is 513, whereas the number of prosecution complaints filed is 1,142, it noted.

"The data raises a number of questions, including the question whether the ED has formulated a policy, when they should arrest a person involved in offences committed under the PML Act," the bench said.

In his plea before the top court, Delhi Chief Minister Arvind Kejriwal contended before the court that there was no necessity to arrest him on March 21, 2024.

The cases were registered in the month of August 2022. Further, most of the material relied upon in the “reasons to believe” are prior to July 2023. The statements under Section 50 of the PML Act and under Section 164 of the Code, or otherwise, of Magunta Srinivasulu Reddy, Raghav Magunta, Siddharth Reddy, etc related to the period prior to July 2023. Thus, it was not necessary to arrest him in March based on the said material, his counsel said.

He also cited the Pankaj Bansal case which stated mere non cooperation does not render an accused liable to be arrest.

"We are conscious that the principle of parity or equality enshrined under Article 14 of the Constitution cannot be invoked for repeating or multiplying irregularity or illegality. If any advantage or benefit has been wrongly given, another person cannot claim the same advantage as a matter of right on account of the error or mistake. However, this principle may not apply where two or more courses are available to the authorities," the bench said.

"The doctrine of need and necessity to arrest possibly accepts the said principle. Section 45 gives primacy to the opinion of the ED when it comes to grant of bail. ED should act uniformly, consistent in conduct, confirming one rule for all," the bench said.