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Consider the following statements.
  1. Article 22 of the Constitution upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested.
  2. As per the present rules, the Enforcement Directorate (ED) need to mandatorily furnish a person accused under the Prevention of Money Laundering Act (PMLA) with a copy of the grounds of detention at the time of his arrest.
Which of the above statements is/are correct?
  • a)
    1 only 
  • b)
    2 only 
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. Article 22 of the Constitution upho...
Article 22 of the Constitution

Under Article 22 of the Constitution of India, a person who is arrested and detained has certain fundamental rights. One of these rights is the right to be informed as to why he has been arrested. This means that the person must be provided with the reasons for his arrest, so that he can understand the grounds on which he has been detained.

Enforcement Directorate and the Prevention of Money Laundering Act (PMLA)

The Enforcement Directorate (ED) is a law enforcement agency in India that is responsible for enforcing economic laws and fighting economic crime. One of the laws that the ED enforces is the Prevention of Money Laundering Act (PMLA), which is aimed at preventing money laundering and other financial crimes.

According to the present rules, when a person is arrested under the PMLA, the ED is required to furnish him with a copy of the grounds of detention at the time of his arrest. This means that the person must be provided with a document that outlines the reasons for his detention under the PMLA.

Correctness of the Statements

- Statement 1: Article 22 of the Constitution upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested. This statement is correct, as Article 22 indeed guarantees this right to individuals who are arrested and detained. The purpose of this provision is to ensure that individuals are aware of the reasons behind their arrest and can exercise their legal rights accordingly.

- Statement 2: As per the present rules, the Enforcement Directorate (ED) need to mandatorily furnish a person accused under the Prevention of Money Laundering Act (PMLA) with a copy of the grounds of detention at the time of his arrest. This statement is also correct, as the present rules require the ED to provide a person arrested under the PMLA with a copy of the grounds of detention. This ensures transparency and allows the accused person to understand the basis of his detention.

Therefore, both statements 1 and 2 are correct.

Conclusion

Article 22 of the Constitution guarantees the right of a person in custody to be informed as to why he has been arrested. The present rules also require the Enforcement Directorate to provide a person accused under the PMLA with a copy of the grounds of detention at the time of his arrest. These provisions ensure that individuals are informed about the reasons for their arrest and detention, allowing them to exercise their legal rights effectively.
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Community Answer
Consider the following statements. Article 22 of the Constitution upho...
  • The Supreme Court has clarified in a judgment that the Enforcement Directorate (ED) need not furnish a person accused under the Prevention of Money Laundering Act (PMLA) with a copy of the grounds of detention at the time of his arrest.
  • The judgment comes amid debate that non-communication of the grounds of arrest was a violation of Article 22(1) of the Constitution, which upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested.
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Consider the following statements. Article 22 of the Constitution upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested. As per the present rules, the Enforcement Directorate (ED) need to mandatorily furnish a person accused under the Prevention of Money Laundering Act (PMLA) with a copy of the grounds of detention at the time of his arrest.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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