High Court rejects the petition of Supertech Chairman Arora

The Delhi High Court on Friday dismissed a petition by real estate company Supertech’s chairman and owner R K Arora challenging his arrest by the Enforcement Directorate in a money laundering case. Justice Dinesh Kumar Sharma rejected Arora’s claim that he was arrested “arbitrarily and illegally” on June 27 without being informed about the grounds of arrest, noting the agency complied with the relevant provisions of law. “In the present case, the grounds of arrest were duly given and notified to the petitioner and he endorsed the same in writing under his signature.

The core issue is of being ‘informed’ and ‘as soon as’. It if has been duly notified and brought to the notice at the time of arrest and further disclosed in detail in the remand application, it amounts be be duly informed and served,” the court said in its order.

“The petition along with pending applications stands dismissed,” the court said. On June 27, the ED had arrested Arora on money-laundering charges, following a third round of questioning at its office here. The money-laundering case against the Supertech group, its directors and promoters stems from a clutch of FIRs registered by the Delhi, Haryana and Uttar Pradesh police.

Arora argued before the high court that ED acted in violation of the Prevention of Money Laundering Act (PMLA) and his fundamental right under Article 22(1) of the Constitution of India as he was arrested without being informed/communicated/served the grounds of arrest. He claimed he was also denied the right to consult and be defended by a legal practitioner of his choice.

The court said there was no violation of the petitioner’s fundamental rights and “there is nothing on the record to suggest that petitioner has been denied right to consult and be defended by legal practitioner”.