Arvind Kejriwal in Tihar Jail, What’s The Difference Between Judicial & ED Custody?

Delhi’s Rouse Avenue Court on April 1, ordered the detention of Delhi Chief Minister Arvind Kejriwal for 15 days in connection with a money laundering case related to the now-defunct Delhi excise policy. The Enforcement Directorate (ED) remand of the Aam Aadmi Party (AAP) national convener concluded on this day. After the court’s decision, Arvind Kejriwal was escorted to Tihar Jail amidst significant protests by AAP leaders and supporters.

Judicial Custody: What Does It Entail?

When an individual is in the custody of the relevant magistrate, they are considered to be in judicial custody, resulting in their placement in jail. Hence, Delhi Chief Minister Arvind Kejriwal was transferred to Tihar Jail after being remanded to judicial custody by the Rouse Avenue court until April 15.

Distinguishing Judicial Custody from ED Custody:

In judicial custody, the accused is held under the jurisdiction of the respective Magistrate and is confined to a jail. In judicial custody, the investigating officers are not permitted to interrogate the suspect without court permission. They must first obtain authorization from the court, and only then are they allowed to question the suspect in judicial custody.

The Enforcement Directorate (ED) is an Indian law enforcement agency tasked with enforcing economic laws, focusing on offenses like money laundering, foreign exchange violations, and financial frauds. When someone is placed in “Enforcement Directorate custody,” it signifies that they are detained under the authority of the ED for questioning or investigation regarding suspected breaches of economic laws. This allows the ED to conduct interrogations and gather evidence related to financial crimes.

 

Read More: Why Was Sanjay Singh Arrested? Granted Bail After 6 Months Spent In Tihar Jail, Explained

 

Arrest vs Custody:

The terms “custody” and “arrested” do not have the same meaning. While custody is inherent in every arrest, the opposite is not necessarily true. Arrest involves the formal action of taking an individual into police custody, while custody refers to the surveillance or restriction on the movement of the individual.

An individual may be subject to complete or partial custody, but the concept of custody is distinct from formal arrest. Therefore, although custody is always present during an arrest, the same cannot be said in reverse. Consequently, “arrest” and “custody” are not interchangeable terms.

Arrest, remand, and bail are all components related to the investigative process, often utilized to aid in investigations. However, arrest directly impacts an individual’s personal liberty and freedom. As a result, cases of unjustified arrests have been brought before the courts. Unlawful detention is considered a violation of fundamental rights, with compensation awarded in such instances.