No questioning beyond office hours: ED issues internal guidelines after Bombay High Court rap

The Enforcement Directorate (ED) has issued a circular directing its officers to make every effort to record statements of individuals summoned under the Prevention of Money Laundering Act (PMLA) during office hours rather than extending such sessions late into the night.

The circular was issued following a directive from the Bombay High Court in April this year emphasising the importance of respecting the “right to sleep” of those under investigation.

A Bench of Justice Revati Mohite Dere and Justice Prithviraj K Chavan on October 14 noted that the circular has only been shared internally and was not publicly accessible.

Hence, it directed ED to make the relevant paragraphs of the circular available on the ED's website and Twitter handle.

"Since ED has issued a circular dated 11th October, 2024, the Judgment dated 15th April, 2024 stands complied with. Needless to state, that the ED to put para 18 of the said Circular on their website as well as on their Twitter handle," the Court said in its October 14 order.

On April 15 this year, the same Bench had dismissed the petition of 64-year-old businessman Ram Issrani who had challenged his "illegal" arrest by the ED in August of the previous year.

The Court had nevertheless criticized the ED for making him wait in the office overnight to record his statement,

The Bench had said that such actions by the agency violated Issrani's “right to sleep” under Article 21 of the Constitution.

“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 Court had said in its order.

While dismissing the petition, the Court had directed the ED to issue a circular outlining the time for recording statements when summons under Section 50 of the PMLA is issued.

On October 11, the ED released an internal circular that specifies guidelines for recording statements.

As per paragraph 18 of the circular, the authorised officer is expected to be well-prepared with relevant documents and a questionnaire for the summoned individual.

The officer must ensure that examinations begin on time, without unnecessary delays. Given the nature of money laundering offences, which can involve the rapid concealment of evidence, it is essential to conclude examinations promptly, ideally on the same day or the next.

The circular also stipulates that for senior citizens and individuals with serious medical conditions, examination should be limited to reasonable hours and rescheduling should be considered if necessary.

In exceptional circumstances such as credible concerns about evidence tampering or absconding, the authorized officer may record statements beyond regular hours provided they document the rationale and obtain approval from the Deputy Director, Joint Director or Additional Director.

The Court on October 14 disposed of the case after noting that its April 15 order has been complied with.

Special Public Prosecutor HS Venegavkar along with advocate Ayush Kedia appeared for ED.

Additional Public Prosecutor Kranti T Hiwrale appeared for State.

[Read Order]