The Punjab and Haryana High Court has made a significant ruling by ordering the release of Roop Bansal, a director of the real estate firm M3M, who was arrested by the Enforcement Directorate (ED) on June 8, 2023, in connection with a 2021 money laundering case. The court’s decision stems from the failure of the ED to convey the grounds of arrest in writing, rendering the arrest invalid.
The legal development follows a recent judgment by the apex court, emphasizing that the ED must provide the accused with written grounds for arrest at the time of apprehension. In this specific case, the ED failed to furnish the written grounds of arrest to Roop Bansal.
The money laundering case traces back to 2021 when Lalit Goyal, the managing director of the real estate development company IREO, was initially arrested following multiple First Information Reports (FIRs) from allottees of residential projects developed by the IREO group, accusing them of cheating, among other charges. Subsequently, the ED intervened in 2021, alleging that the IREO group had diverted over ₹400 crores of its funds through M3M Group of companies. The managing director of M3M, Basant Bansal, and his family members, including Roop Bansal, were implicated in this financial investigation.
On June 13, the ED registered a second enforcement case information report (ECIR) in the matter, naming the three Bansal family members as accused. This case is also linked to a corruption case FIR registered by the Haryana anti-corruption bureau in April 2023, which involves Sudhir Parmar, a former special judge associated with the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in Panchkula, and his nephew Ajay Parmar.
The Punjab and Haryana High Court’s decision to quash Roop Bansal’s arrest orders highlights the importance of adhering to legal procedures, particularly in cases of arrest and detention. The requirement for written grounds of arrest serves as a fundamental safeguard to protect the rights of the accused and ensure that arrests are made on justifiable grounds. The ED and law enforcement agencies will need to adhere to these guidelines in future proceedings.
The case continues to evolve, and the ED and authorities involved will need to address the legal aspects and implications of the court’s decision as the investigation progresses.
Sources By Agencies
