Arvind Kejriwal In Tihar Jail: What Is The Difference Between Judicial And ED Custody?

Delhi Chief Minister Arvind Kejriwal was transferred to Tihar Jail after being remanded to judicial custody by the Rouse Avenue court until April 15th.

Delhi Chief Minister Arvind Kejriwal.

Source : PTI

On Monday, Chief Minister Arvind Kejriwal was sent to 15-day judicial custody by Delhi's Rouse Avenue Court in connection with a money laundering case associated with the now-defunct Delhi excise policy. The Enforcement Directorate (ED) remand of the Aam Aadmi Party (AAP) national convener ended on April 1. Subsequent to the court's ruling, Arvind Kejriwal was transferred to Tihar jail amidst significant protests by AAP leaders and supporters.

What Is Judicial Custody? 

When an accused is under the supervision of the Magistrate concerned, they are considered to be in judicial custody, and they are sent to jail. Consequently, Delhi Chief Minister Arvind Kejriwal was transferred to Tihar Jail after being remanded to judicial custody by the Rouse Avenue court until April 15th.

During judicial custody, the accused remains in the custody of the judicial system and is subject to the rules and regulations of the prison. 

Differrence Between Judicial And ED Custody

In judicial custody, the accused is detained under the supervision of the respective Magistrate and is housed in a jail. The Enforcement Directorate (ED) is an Indian law enforcement agency responsible for enforcing economic laws and regulations, primarily focusing on offences such as money laundering, foreign exchange violations, and financial frauds. When an individual is placed in "Enforcement Directorate custody," it indicates that they are being held under the jurisdiction of the ED for questioning or investigation regarding suspected violations of economic laws. This allows the ED to conduct interrogations and collect evidence related to financial crimes.

In judicial custody, the investigating officer are not allowed to interrogate the suspect. For interrogation, they first need the permission from court, and only if court allows, they can question the suspect in the judicial custody.

Difference Between Arrest And Custody

The terms "custody" and "arrested" are not synonymous. While custody is inherent in every arrest, the reverse is not necessarily true. Arrest entails the formal act 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 subjected to complete or partial custody, but the concept of custody differs from that of formal arrest. Therefore, while custody is always present in an arrest, the same cannot be said in reverse. As a result, "arrest" and "custody" are not interchangeable terms.

Arrest, remand, and bail are all elements related to the investigative process, often employed to aid in probes. However, arrest directly impinges on an individual's personal liberty and freedom. Consequently, there have been cases of unwarranted arrests that have been brought before the courts. Unlawful detention has been deemed a violation of fundamental rights, with compensation being awarded in such cases.

Why Was Kejriwal Arrested?

Kejriwal was apprehended by the ED on March 21 following more than two hours of interrogation at his official residence in Delhi. The ED has labelled Kejriwal as the "mastermind and primary conspirator" in the purported excise scam, which purportedly involves other ministers of the Delhi government, AAP leaders, and additional individuals.