Illegal Arrest – Section 19 Of PMLA Act 2002

The Enforcement Directorate had arrested Jignesh Shah on 12th July, 2016 under Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA).

• The arrest is illegal and bypasses the process of law and court.
• The court had exempted Mr. Jignesh Shah from personal appearance on 7th July 2016. He was directed to appear on 18th July 2016.
• Mr. Jignesh Shah was called for interrogation on 12th July 2016. He was asked to stay back and eventually informed he would be arrested.
• Mr. Jignesh Shah was arrested on 12th July 2016 much before the next scheduled hearing of July 18.
• What was more surprising was the fact that charges presented by the ED were already there in the first charge sheet filed in the court. Do you arrest again to file a supplementary charge sheet?
• Post cognizance stage, any person already charged under sections 3 and 4 of the PMLA Act (As Mr. Jignesh Shah is), cannot be arrested except if the court issues a warrant.
• A person is arrested under Section 19 of PMLA when there are sufficient and reasonable grounds to believe he is guilty.
• The law of the nation does not permit an arrest of any accused after a complaint is filed against him in the court since the court is directly seized of the matter.
• Mr. Jignesh Shah had been earlier arrested in the NSEL case and later granted bail. The investigation was over and the facts which may have come to light are not new.
• Mr. Jignesh Shah had spent more than 100 days in custody and was granted bail by the High Court.

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