The rumour mills are abuzz after several Aam Aadmi Party (AAP) leaders claimed that the Enforcement Directorate may arrest Delhi Chief Minister Arvind Kejriwal today in connection with the Delhi Excise Policy case. If you are wondering whether the ED has the power to arrest a sitting Chief Minister, then the answer is yes. The central agency can arrest Delhi CM under PMLA Section 19.
What Is Section 19 of the Prevention of Money-Laundering Act?
Section 19 of the PMLA allows any authorised ED officer to arrest a person basis of material in his possession indicating the involvement of the said person in an illegal act.
Section 19 (1) of The Prevention of Money-Laundering Act, 2002 reads, "If the Director, Deputy Director, Assistant Director, or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest."
The second provision under Section 19 of the PML Act says that the Director, Deputy Director, Assistant Director or any other officer shall forward a copy of the order along with the material in his possession to the Adjudicating Authority in a sealed envelope immediately after the arrest.
The third provision of Section 19 says that every person arrested shall be taken to a Special Court or Judicial Magistrate or Metropolitan Magistrate within twenty-four hours. The ED has already arrested AAP leaders Manish Sisodia and Sanajay Singh in cases related to the Delhi Excise Policy.
