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Supreme Court on the 'Necessity of Arrest': Balancing State Power and Personal Liberty

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The Supreme Court has emphasized that the power to arrest under the PMLA must be exercised only when strictly necessary, reinforcing the sanctity of personal liberty. This scrutiny highlights the need for the state to provide specific evidence rather than mere suspicion to justify the deprivation of freedom.

The Supreme Court of India, while hearing petitions related to the Prevention of Money Laundering Act (PMLA), has raised critical questions regarding the 'necessity of arrest.' The bench emphasized that the power to arrest, granted to investigative agencies like the Enforcement Directorate (ED), is not an absolute mandate to be exercised routinely. Instead, it must be governed by the principle that deprivation of personal liberty is a grave matter requiring substantial justification. Under Section 19 of the PMLA, an officer can arrest a person if they have 'reason to believe' (recorded in writing) that the individual is guilty of an offence. The Court’s recent scrutiny focuses on whether this 'reason to believe' must also encompass a 'necessity to arrest.' The judiciary is increasingly concerned that arrests are being used as a tool of investigation rather than a measure of last resort. This is particularly relevant in cases where the accused has cooperated with the investigation or where there is no immediate risk of tampering with evidence or fleeing.

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