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Writ petitions challenging arrests under PMLA were stated to be maintainable because they questioned the legality of deprivation of liberty, not the merits of the ECIR or bail. On the merits, the text says the arrests were unlawful because the Directorate relied on substantially the same earlier material and recycled allegations, without fresh tangible material to support the statutory reason to believe required for arrest. It also notes that arrest is not the first step in PMLA investigation: the summons power should be used first, yet no summons was issued or cooperation sought before arrest. The petitioners were directed to be released, while further action in accordance with law, including summons, remained open.
Writ petitions challenging arrests under PMLA were stated to be maintainable because they questioned the legality of deprivation of liberty, not the merits of the ECIR or bail. On the merits, the text says the arrests were unlawful because the Directorate relied on substantially the same earlier material and recycled allegations, without fresh tangible material to support the statutory reason to believe required for arrest. It also notes that arrest is not the first step in PMLA investigation: the summons power should be used first, yet no summons was issued or cooperation sought before arrest. The petitioners were directed to be released, while further action in accordance with law, including summons, remained open.
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