The Delhi High Court has ruled that the Supreme Court's order in the Arvind Kejriwal case, which requires the Enforcement Directorate (ED) to provide the 'reasons to believe' while arresting someone, will only apply prospectively—meaning from the date of the Supreme Court ruling onwards, not to past cases. Justice Anup Jairam Bhambhani agreed with a previous bench and clarified that this was a new requirement introduced by the Supreme Court and not part of the law before. Therefore, it cannot be applied to actions that took place before the judgment.

The Court also said that even if someone is accused of violating the Foreign Exchange Management Act (FEMA), they can still be charged under the Indian Penal Code (IPC) for related crimes like cheating, conspiracy, and forgery. Just because FEMA is involved does not mean the person is immune from criminal charges under IPC. The Court said FEMA and IPC deal with different types of offences. This judgment came while rejecting the petitions of Manideep Mago and Sanjay Sethi, who had challenged their arrests by ED and the Delhi Police. While the Court upheld the ED’s arrest, it quashed the Delhi Police’s arrest action as it went against the earlier Supreme Court ruling in the Prabir Purkayastha case.