NEW DELHI: The Delhi High Court severely criticized the ED's method of arrest and said that it cannot do arrests on their whims and fancies.

The court questioned the arrest under Section 19 and the application of Section 50 of the Black Money Act. Summons to a person to appear with documents is under Section 50 and the power of arrest in section 19. Summoning under one condition and allowing arrest under another would be contrary to principles of law. People might not respond favourably to the summons for fear of arrest. Justice Anup Jai Ram Bhambhani also clarified that Section 50 does not include the power to arrest.

The court observed that the petition filed by a person named Ashish Mittal to quash the Enforcement Case Information Report (ECIR) of the ED was dismissed.

Ashish Mittal argued that he is afraid of arrest because of the summons. It was also clarified that since Ashish Mittal has not been made an accused in the ED case, anticipatory bail can be filed.

Even during arrest under Section 19 of the Prevention of Black Money Act, three conditions must be met

1. The ED Director must be satisfied that the accused has committed the offence

2. Reasons for arrest should be recorded in writing

3. Conviction of offense must be based on evidence