ED cannot deprive person of right to sleep by recording statements at unearthly hours: Bombay High Court

The Bombay High Court on Monday took exception to the Enforcement Directorate (ED) recording statements of witnesses and accused at unearthly hours, given that it resulted in deprivation of a person’s sleep. [Ram Issrani v. Enforcement Directorate & Ors].A Bench of Justices Revati Mohite Dere and Manjusha Deshpande directed the central agency to issue a circular or directions regarding timings for recording statements when summons are issued for interrogation.“Recording of statement, at unearthly hours, definitely results in deprivation of a person’s sleep, a basic human right of an individual. We disapprove this practice. Thus, we deem it appropriate to direct the ED to issue a circular/directions, as to the timings, for recording of statements, when summons under Section 50 of the Prevention of Money Laundering Act (PMLA) are issued,” the Court observed..The Court reiterated that an investigation by ED officers stood on a different footing from an investigation under the Code of Criminal Procedure, as it was deemed to be a judicial proceeding.In view of this, statement recording was required to happen during ‘earthly hours’.“A person summoned under Section 50 of the PMLA, should have his statement necessarily recorded during earthly hours, as the investigating agency is yet to arrive at a `reason to believe’ that the said person is guilty of an offence punishable under this Act.".The remarks came in a petition filed by a 64-year-old businessman, Ram Issrani, who accused the ED of illegally arresting him in an alleged bank fraud case.He also claimed that on August 7 and 8 last year, he was made to wait in the office of the ED, after which his statement was recorded from 10:30 PM to 3:00 AM. He submitted that he was kept awake for a total of 20 hours and was shown to be arrested at 5:30 AM on August 8..The Court did not find merit in his plea challenging the arrest. However, it strongly disapproved of the manner in which Issrani was kept overnight for recording of his statement, even if the same was with his consent.“The `right to sleep’ / ‘right to blink’ is a basic human requirement, inasmuch as, non-providing of the same, violates a person’s human rights. It affects a person’s health, may impair his mental faculties, cognitive skills and so on. The said person, so summoned, cannot be deprived of his basic human right i.e. right to sleep, by the agency, beyond a reasonable time. Statements must necessarily be recorded during earthly hours and not in the night when the person’s cognitive skills may be impaired,” the order stated..Issrani’s petition was dismissed. However, the Court listed the matter on September 9 to record the compliance of its directions to the ED..Advocates Vijay Aggarwal, Ayush Jindal, Yash Wardhan Tiwari, Yash Agrawal, Suyash Shanker and Karan Lala appeared for Issrani.Special Counsel HS Venegavkar with Advocate Ayush Kedia appeared for the ED.Additional Public Prosecutor RM Pethe appeared for the State..[Read order]