Introduction:

The Bombay High Court recently criticized the Enforcement Directorate (ED) for its practice of recording statements late at night, highlighting the right to sleep as a fundamental human requirement. In a writ petition filed by Ram Kotumal Issrani, challenging the legality of his arrest and subsequent remand, the court emphasized the importance of respecting individuals’ basic human rights, particularly during interrogation sessions.

Arguments of Both Sides:

Ram Kotumal Issrani argued that his arrest and interrogation violated his fundamental right to sleep, as he was made to wait in the ED office until late at night, despite being medically unfit. He contended that the late-night interrogation deprived him of adequate rest and impaired his cognitive skills. On the other hand, the prosecution maintained that Issrani voluntarily attended the ED office under a lawful summons and had no objection to the recording of his statement belatedly.

Court’s Judgment:

The court dismissed Issrani’s petition, finding no merit in the allegations of illegality in the arrest and remand. However, it criticized the ED’s practice of late-night interrogations, stating that recording statements during unearthly hours violates individuals’ right to sleep. The court directed the ED to issue guidelines for recording statements under Section 50 of the PMLA, ensuring respect for individuals’ basic human rights. It emphasized the need for statements to be recorded during reasonable hours and set a date for compliance monitoring.