SC ruling on ED supplying arrest causes can't apply retrospectively

The Delhi high court held that the Supreme Court judgment requiring that Enforcement Directorate (ED) supply a separate document outlining "reasons to believe" to an arrestee - made when granting interim bail to former Delhi chief minister Arvind Kejriwal - cannot be applied retrospectively.

- Shruti Kakkar

The high court, in a ruling made on December 2 and released on Tuesday, clarified that arrests made before the Supreme Court's decision do not need to meet the additional procedural requirements introduced by the judgment.

On July 12, the Supreme Court, while granting 21-day interim bail to Kejriwal in the money laundering case related to the Delhi excise policy, had held that ED is required to furnish reasons to believe in writing and the decision to arrest should be rational, fair and per law.