Daijiworld Media Network - Mumbai

Mumbai, Apr 17: In a recent ruling, the Bombay High Court addressed the treatment of a 64-year-old businessman during his encounter with the Enforcement Directorate (ED), highlighting concerns over his deprivation of sleep and dignity during an overnight interrogation. The court emphasized that the fundamental right to sleep, akin to the right to life with dignity under Article 21 of the Constitution, should not be infringed upon, particularly during official procedures such as statement recording.

Citing the essential nature of sleep for human well-being and cognitive function, the court criticized the ED's practice of conducting interrogations into the late hours of the night, stressing that statements should be taken during reasonable daytime hours to safeguard individuals' mental faculties.

In response to the case brought forth by Ram Kotumal Issrani, the court not only dismissed his plea but also directed the ED to establish guidelines regarding the timing of statement recordings under Section 50 of the Prevention of Money Laundering Act (PMLA), aligning with the court's observations.

The division bench, comprising Justices Revati Mohite-Dere and Manjusha A Deshpande, acknowledged Issrani's medical concerns and rebuffed the urgency exhibited by the ED in conducting his interrogation late into the night. The court stressed that the summoning of individuals under the PMLA does not automatically label them as suspects, necessitating a more considerate approach towards their treatment.

Consequently, the court mandated that statements of such individuals be obtained during reasonable hours, without impinging on their right to rest. Despite Issrani's past cooperation with the ED, the court asserted that his consent to the late-night interrogation was irrelevant, underscoring the importance of respecting individuals' rights and well-being throughout legal proceedings.