Case Note & Summary
The writ petition was filed by the wife of K.C. Veerendra, who was arrested on 23.08.2025 pursuant to ECIR/BGZO/19/2025 under the Prevention of Money-Laundering Act, 2002. The petitioner, an MLA from Chitradurga constituency, challenged the arrest as being without jurisdiction, illegal, arbitrary, and violative of fundamental rights under Articles 19 and 21 of the Constitution. The grounds of arrest detailed multiple FIRs registered against the accused and others for offences under IPC, IT Act, and Karnataka Police Act relating to cricket betting and gambling. The petitioner contended that the ECIR registered in Gangtok, Sikkim lacked territorial jurisdiction over the alleged predicate offences and consequently the ED’s arrest was invalid. The respondent Enforcement Directorate opposed the petition, relying on the grounds of arrest and investigation. The High Court heard arguments and reserved the matter for orders on 13.10.2025, and thereafter pronounced its order on 15.10.2025. The full text of the court’s reasoning and final decision is not available in the extracted material.
Headnote
A) Prevention of Money-Laundering Act, 2002 - Arrest and Jurisdiction - Section 19, Constitution of India Articles 19, 21 - Challenge to arrest made by Enforcement Directorate in ECIR registered at Gangtok, Sikkim on ground of lack of territorial jurisdiction and violation of fundamental rights - Petitioner sought declaration of arrest as illegal and consequential release - Matter heard and reserved on 13-10-2025, with order pronounced on 15-10-2025 (Paras 1-3).
Issue of Consideration
Whether the arrest of Accused No.1 pursuant to the issuance of Grounds of Arrest on 23.08.2025 arising out of ECIR/BGZO/19/2025 registered by the respondent from Gangtok, Sikkim is without jurisdiction, illegal, arbitrary, and violative of the accused's fundamental rights guaranteed under Articles 19 and 21 of the Constitution of India, and whether the accused is entitled to release.
Law Points
- arrest under Section 19 of Prevention of Money-Laundering Act
- 2002
- jurisdiction of Enforcement Directorate
- grounds of arrest
- writ petition under Articles 226 and 227 of Constitution of India
- Section 528 of Bharatiya Nagarik Suraksha Sanhita
- 2023
- fundamental rights under Articles 19 and 21
Case Details
2025 LawText (KAR) (10) 23
WRIT PETITION NO.26754 OF 2025 (GM-RES)
Hon'ble Mr. Justice M.I. Arun
Senior Advocate Siddhartha Dave, Senior Advocate H.S. Chandramouli, Senior Advocate Kiran S. Javali for Advocate Prateek Chandramouli (Petitioner); Additional Solicitor General Aravind Kamat, Senior Panel Counsel Madhukar Deshpande, Special Counsel Zoheb Hussain (Respondent)
Directorate of Enforcement
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution seeking declaration that arrest under PMLA is without jurisdiction, illegal, and violative of fundamental rights, and for consequential release.
Remedy Sought
The wife of the accused sought a declaration that the arrest is illegal and arbitrary, and a direction for the release of her husband.
Filing Reason
The arrest was made on 23.08.2025 in connection with ECIR/BGZO/19/2025 registered by the Enforcement Directorate at Gangtok, Sikkim, which the petitioner alleged was without territorial jurisdiction and violated fundamental rights.
Issues
Whether the arrest of Accused No.1 under Section 19 PMLA based on ECIR registered in Gangtok, Sikkim is without jurisdiction, illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution.
Whether the petitioner is entitled to a declaration that the arrest is void and to an order of release.
Judgment Excerpts
The husband of the petitioner has been arrested pursuant to registration of Enforcement Case Information Report (ECIR) under the provisions of the Prevention of Money-Laundering Act, 2002.
Ground of Arrest to arrest Mr. K C Veerendra under section 19 of PMLA, 2002 (ECIR/BGZO/19/2025)
That in the aforesaid FIRs, the gist of the allegations are as follows...
Procedural History
Writ petition filed directly before High Court under Articles 226 and 227 of Constitution read with Section 528 BNSS. Matter heard and reserved for orders on 13.10.2025; order pronounced on 15.10.2025.
Acts & Sections
- Prevention of Money-Laundering Act, 2002: Section 19
- Indian Penal Code, 1860: Sections 420, 506, 34
- Information Technology Act, 2000: Section 66
- Karnataka Police Act, 1963: Sections 78(3), 78(A)(vi), 79, 80
- Constitution of India: Articles 19, 21, 226, 227
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
