This interpretation by the Supreme Court is expected to restrain arbitrary exercise of arrest powers and facilitate the robust safeguarding of the fundamental right to liberty.
The ED had initiated investigation on the basis of an FIR registered by the Cyber Crime Police Station, CID, Bengaluru in June 2021 against 13 accused entities under various sections of Information Technology Act, 2008, and the Indian Penal Code, 1860.
The Kerala High Court recently laid down that where the Enforcement Case Information Report (ECIR) has been quashed and no subsequent FIR has been registered against the accused, further proceedings.
The Directorate of Enforcement (ED) has no vested right to take an accused into police custody, even within the first 15 days when the magistrate’s permission must be sought for that, Senior.