The
Supreme Court has criticised the Enforcement Directorate (ED) for its ‘high
handedness’ and ‘inhuman conduct’ during an interrogation that lasted nearly 15
hours. A bench comprising Justices Abhay S Oka and Augustine George Masih
expressed strong disapproval of the ED’s investigative practices, describing
the situation as a “shocking state of affairs” and accusing the agency of
coercing an individual into making a statement.
The
court upheld the Punjab and Haryana High Court’s decision to quash the arrest
of former Haryana Congress MLA Surender Panwar in a money laundering case
related to illegal mining. Panwar had been arrested by the central agency in
July at 1.40 am after undergoing nearly 15 hours of questioning, according to a
report by The Times of India.
In September, the Punjab and Haryana High Court annulled the
arrest, prompting the ED to appeal the decision in the Supreme Court. Advocate
Zoheb Hossain, representing the ED, argued that the High Court had inaccurately
noted that Panwar was questioned continuously for 14 hours and 40 minutes. He
argued that breaks, including a dinner break, were provided during the
interrogation. Hossain also mentioned that the agency had already implemented
measures to prevent overnight questioning.
What was SC’s
contention with ED?
Rejecting the ED’s arguments,
the Supreme Court questioned the rationale behind subjecting an individual to
prolonged interrogation without adequate breaks. The Bench clarified that its
remarks, as well as those of the High Court, pertained to the bail proceedings
and did not address the merits of the case.
The High Court, in its order, stated that the petitioner had
complied with a summons to appear at the ED’s zonal office in Gurgugram at 11
am, where he was interrogated until 1.40 am the following day. The court
criticised this conduct, stating it was “against the dignity of a human being”
and far from commendable on the ED’s part.
Citing Article 21 of the Constitution, the high court emphasised
the need for remedial measures and urged the ED to set reasonable time limits
for interrogations. It further recommended establishing a mechanism to ensure
fair and humane treatment during investigations, in alignment with basic human
rights standards outlined by the United Nations.
SC raps ED over
questioning tactics
The apex court supported these
observations, labelling the ED’s behaviour as “inhuman” and inappropriate for a
case involving illegal sand mining. It noted that such treatment was
unwarranted, adding, “You are forcing a person to make a statement.”
The apex court ultimately upheld
the high court's order, deeming Panwar’s arrest legally unsustainable. It
concluded that the ED lacked evidence to demonstrate the former MLA’s
involvement, directly or indirectly, in any activity linked to the proceeds of
crime.
Following the verdict, the ED
issued guidelines instructing its officials to avoid late-night questioning and
to ensure that individuals are not made to wait excessively at its offices.