In a significant development, the Supreme Court has quashed the arrests of Basant Bansal and Pankaj Bansal, directors of the Gurugram-based realty group M3M, in a money laundering case. The apex court’s decision comes as a stern rebuke to the Enforcement Directorate (ED), emphasizing the necessity for the probe agency to act with fairness and transparency.
The Bansal brothers had sought relief from the Supreme Court after their request for bail was denied by the Punjab and Haryana High Court in June. The Supreme Court’s ruling highlights several key points:
- Transparency and Fair Play: The Supreme Court asserted that every action undertaken by the ED should adhere to transparent and fair play principles. It stressed that the probe agency must conduct its operations with the highest degree of probity.
- Vindictiveness Unacceptable: The court admonished the ED, stating that it cannot engage in vindictive behavior. It underlined the importance of the ED’s actions being perceived as impartial and devoid of any personal bias.
- Basis for Arrest: The failure of the accused to respond to questions during interrogation cannot serve as sufficient grounds for arrest by the Enforcement Directorate. The court emphasized that the ED must have specific reasons to believe that the accused have committed an offense under the Prevention of Money Laundering Act.
- No Admission of Guilt Expected: The Supreme Court clarified that the ED cannot expect an admission of guilt from individuals summoned for interrogation. Mere non-cooperation with summons does not warrant arrest.
The case involving Basant and Pankaj Bansal stemmed from allegations of bribery against a former special judge for the ED, Sudhir Parmar, and his nephew Roop Kumar Bansal, who is also a director of the realty firm. The Enforcement Directorate claimed to have “reliable information” suggesting that Sudhir Parmar exhibited favoritism toward the Bansal brothers.
This ruling by the Supreme Court serves as a reminder of the importance of due process and fairness in legal proceedings. It underscores that law enforcement agencies, even while pursuing investigations, must uphold the principles of justice and uphold the rights of individuals.
