In Brief
Arvind Kejriwal challenged his arrest by the Directorate of Enforcement under the Prevention of Money Laundering Act on grounds of violation of Section 19(1). The Supreme Court held that courts have the power to examine whether arrests comply with statutory requirements, including scrutiny of the 'reasons to believe' recorded by officers. The Court ruled that authorized officers must consider all material, including exculpatory evidence, not just incriminating facts; selective consideration amounts to legal error. While the Court found the 'reasons to believe' adequately recorded in this case, it referred questions on whether 'necessity to arrest' is a separate reviewable ground to a larger Bench. Pending that decision, the Court granted interim bail to Arvind Kejriwal after 90 days' incarceration.
The lawyer headnote and full judgment text are available to registered users.