In a case filed by the State of Karnataka, the Supreme Court will consider the issue as to whether its judgment in Pankaj Bansal v. Union of India, which held that the Directorate of Enforcement (ED) must furnish grounds of arrest to the accused in writing, is retrospective in application or not. A bench of Justices K.V. Viswanathan and N.K. Singh heard the matter on 24th June and posted it to 26th June 2025.
On 26th June 2025, the Bench issued notice on the special leave petition and on the prayer for interim relief and passed the following order – “Our attention has also been drawn to the order dated 22.04.2025 passed in SLP(Crl.) No.17132/2024, wherein the Bench while reserving the order has recorded the following in paragraph 3:
“3. The question that we are called upon for consideration in the present proceedings is: whether in 1 each and every case, even arising out of an offence under Indian Penal Code, would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith after arrest. Another question that this Court is required to consider is: whether, even in exceptional cases, where on account of certain exigencies it will not be possible to furnish the grounds of arrest either before arrest or immediately after arrest, the arrest would be vitiated on the ground of non-compliance with the provisions of Section 50 of the Code of Criminal Procedure.
The outcome of this judgment will have a bearing on finally deciding this matter.”
The Court appreciating the urgency of the matter posted it to 18th July.
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