Bombay HC rebukes ED’s late-night interrogation practices, upholds ‘rights to sleep’

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.





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Comment on this article

  • Jossey Saldanha, Raheja Waterfront

    Wed, Apr 17 2024

    Modi sleeps only for a few Hours ...

    DisAgree [4] Agree [11] Reply Report Abuse

  • Alwyn, Kudla

    Wed, Apr 17 2024

    That is why you need to vote for congress for his better health and to have good rest

    DisAgree [1] Agree [4] Reply Report Abuse

  • Ali, Udupi/Dubai

    Thu, Apr 18 2024

    Correct, he needs rest so we need to vote for congress.

    DisAgree Agree Reply Report Abuse

  • geoffrey, hat hill

    Wed, Apr 17 2024

    During day time.

    DisAgree Agree Reply Report Abuse

  • Rudolf Rodrigues, Mumbai-Mangalore

    Wed, Apr 17 2024

    Concerned businessman should have understood what he has to do to put a full point to the.... whatever...earliest done the better🤣

    DisAgree [4] Agree [11] Reply Report Abuse

  • Clifford, Mangalore

    Wed, Apr 17 2024

    ED has become a law on to themselves . Surprisingly they don’t even care about judiciary and if it doesn’t suit them BJP changes the law. Are the laws meant to apply to one group of people?. If public doesn’t wake up and vote right people we will loose our individual rights and independance.

    DisAgree [3] Agree [34] Reply Report Abuse

  • Rudolf Rodrigues, Mumbai-Mangalore

    Wed, Apr 17 2024

    Just a matter of time when personal property and wealth will become the next target.... live and let die🤣

    DisAgree [2] Agree [15] Reply Report Abuse

  • Rajan, Mangalore

    Wed, Apr 17 2024

    Meanwhile who bought electoral bonds got away--- sleeping in Palaces with ill gotten money -- no cases even if they have caused death -- like pharma companies -- also get tenders-- do fraud and take bond's to escape ED net -- others join BJP thru' getting cleaned in washing machine -- and escape ED net -- Only genuine bailable offences who are anti govt --- opposition made to suffer -- without actual proof -OVERALL - ED conviction rate is very very low --

    DisAgree [2] Agree [17] Reply Report Abuse

  • bala, kUDLA

    Wed, Apr 17 2024

    Why all agencies like ED,CBI..Police etc indulge in late night iterrogation which is the human right voilation. Every soul needs some respite.Even the court took time to look in to it.

    DisAgree [1] Agree [18] Reply Report Abuse

  • Sandeep, Udupi

    Wed, Apr 17 2024

    Not only ED,CBI..Police , this mindset can also be seen in among Indian corporate world either Majority of Indian managers are become very active only after office hours and don’t feel embarrassment to call late in the evening/night ,on weekends or during holiday period For westerners , after office hours are meant for personal time but for Indians it’s time to finish the pending work that accumulated due to slogging work culture /late coming

    DisAgree [1] Agree [13] Reply Report Abuse

  • Prakash, Manipal

    Wed, Apr 17 2024

    ED handles financial crimes unlike crime branch who deal with dreaded criminals... It is the right observation by the honorable court about the late night interrogation of suspects.... It is evident from recent misuse of law enforcing agencies especially ED that more musclemen are in the organization than financial experts... Sole aim seems to be of suppressing residual opposition and extraction of money from business houses.... This game may go on not for long... 2024 verdict will force the incumbent party to be on the mercy of support from marginal parties who may demand same way like ED is used currently against opposition and rich businesses...

    DisAgree [2] Agree [15] Reply Report Abuse

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Title: Bombay HC rebukes ED’s late-night interrogation practices, upholds ‘rights to sleep’

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