Page 22 - BANKING FINANCE NOVEMBER 2023

LEGAL UPDATE

Legal

News

Accused above 65 yrs can- tendance at the police station, particu- Noting that the grounds of arrest were
larly when the PS was beyond the only read to the accused and had not
not be called for police stn boundary limits of the person's residen- been given to them in writing, the
attendance tial area. bench said it "reeks of arbitrariness".
Calcutta High Court recently ordered
that the police can't ask an accused ED must give grounds of Defaulting borrowers can-
aged above 65 years to appear at the arrest in writing to ac- not thwart auction pro-
police station with case documents.
cused: SC cess: SC
Justice Jay Sengupta ordered the police
Underlining that the Enforcement Di- A defaulting borrower cannot be al-
to collect the document from his resi-
rectorate (ED) is "not expected to be lowed to thwart the auction of his
dence or a place near his residence
vindictive in its conduct", the Supreme mortgaged properties by creditor fi-
with prior intimation. The court passed
Court ruled that the agency must fur- nancial institutions by repaying dues
the order while adjudicating a cattle
nish the grounds of arrest in writing to "any time", the Supreme Court ruled.
smuggling case of Basirhat in North 24
the accused at the time of arrest. The top court held that such a bor-
Parganas in 2017.
"We hold that it will be necessary, rower cannot seek redemption of his
Petitioner's counsel Phiroze Edulji sub-
henceforth, that a copy of grounds of mortgaged property if he fails to repay
mitted that his client Sk Aspire Ali, an
arrest is furnished to the arrested per- the dues to financial institutions before
ailing senior citizen and a resident of
son as a matter of course and without publication of auction notice under a
Uluberia, had been called by the
exception," the bench of Justices A S law governing recovery of
Basirhat policefour times asking for
Bopanna and PV Sanjay Kumar ordered NonPerforming Assets (NPAs).
case-related documents.
while directing that the agency act
The counsel cited Section 160 of the fairly and in a transparent manner.
Before the SC: When is a
CrPC that provides that no person un- The judgement came on a plea by
der the age of 15 years or above the Pankaj Bansal and Basant Bansal, Di- 'Money Bill' not one?
age of 65 years or a woman or a men- rectors of M3M real estate group, who A seven-judge bench will soon be set
tally/physically disabled person shall be had challenged an order of the Punjab up to hear a batch of pleas challeng-
required to attend at any place other and Haryana High Court which de- ing the Centre's use of the Money Bill
than the place in which the person re- clined to set aside their arrest by the route to pass certain key legislations.
sides. Justice Sengupta warned the po- ED under the Prevention of Money The CJI's observation was made when
lice against calling such persons for at- Laundering Act (PMLA). he was hearing a plea specifically chal-

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