ED is required to furnish grounds of arrest in writing: SC

Syllabus: GS-II; Subject: Polity; Topic: Judiciary and Tribunals Issue: Review petition

Context: The Supreme Court dismissed the review petition filed by the central government.

  • The petition sought review of the court’s order which mandated the Enforcement Directorate to furnish grounds of arrest in writing to the accused at the time of arrest.

Review petition:

It is a legal mechanism to ask the court to reconsider its own judgment or order.

  • Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.
  • A review petition can be filed only on specific grounds. These include:
  • Error apparent on the face of the record: This refers to a clear legal mistake evident from the court documents themselves.
  • Breach of the principles of natural justice
  • Discovery of new and important evidence that could not be presented earlier.

Prelims connect(Institutions in news)

Enforcement directorate (ED):

●       It is India’s primary agency responsible for enforcing economic laws and fighting financial crimes.

●       Operates under the Department of Revenue, Ministry of Finance.

Key functions:

●       The ED enforces three main Acts:

➢       The Prevention of Money Laundering Act (PMLA), 2002

➢       The Foreign Exchange Management Act (FEMA), 1999

➢       The Fugitive Economic Offenders Act (FEOA), 2018

●       Investigates financial crimes, trace and seize assets derived from illegal activities, and prosecute offenders in special courts.

●       The ED can also attach suspicious assets before trial to prevent them from being transferred or hidden.

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