Delhi excise policy case accused alleges 'third degree' torture, HC seeks ED's stand on his arrest

 The Delhi high court has sought the Enforcement Directorate's (ED) stand on a petition by Hyderabad businessman Arun Ramchandra Pillai, who is challenging his arrest and detention in a money laundering case related to the alleged Delhi excise policy scam.

In his petition, Pillai claims that "third degree" methods, which refer to brutal tactics used by police officers during interrogation, were employed to obtain information. Justice Swarana Kanta Sharma, on Friday, asked the ED to respond to the petition's maintainability. Advocate Nitesh Rana,

representing the petitioner, argued that the arrest order issued by the ED on March 6 and subsequent remand orders violated the provisions of the Prevention of Money Laundering Act (PMLA). He argued that no grounds for arrest were ever provided to Pillai, as required under

Section 19(1) of the PMLA, thus violating his constitutional rights.

The petitioner further contended that the remand orders failed to establish whether the ED had sufficient evidence to form "reasons to believe" that Pillai was guilty of an offense under the PMLA. The petition stated that the ED had used coercive tactics, including "third degree" measures, in a vindictive manner to obtain information, and this was enabled by the arrest and remand orders, which should be quashed.

The ED's counsel countered that the petition was not maintainable. The court has scheduled further hearings on November 3, where the petitioner's bail plea will also be considered.

Earlier this month, Pillai had sought bail, asserting that there was no evidence to justify his detention. A trial court had previously denied his bail request, stating that his role in the alleged conspiracy was more serious than that of other accused who remained in custody, and that the ED's case appeared genuine.

The ED has claimed that Pillai was closely associated with BRS MLC K Kavitha in its money laundering case, which originated from a Central Bureau of Investigation (CBI) FIR.

According to the CBI and the ED, irregularities occurred during the modification of the Delhi Excise Policy 2021-22 (now revoked), and undue favors were granted to license holders. The Delhi government had implemented the excise policy in November 2021 but later scrapped it in September 2022 amid corruption allegations.

(Courtesy:- The Times of India, 21 October 2023)