ED – Statement of person – senior citizen called under Section 50 of PMLA recorded in the night – Violative of Article 21 of the Constitution of India
The Petitioner, aged 64 years, has challenged his arrest and remand as illegal since he was not produced within 24 hours of his arrest before the Special Court.
On three earlier occasions the petitioner had appeared before ED in pursuance of summons under Section 50 of PMLA.
On 3.8.2023, the petitioner was given 4th summons to join investigation of ED on 7.8.2023 at 10.30 a.m. The petitioner joined the investigation on 7.8.2023.
However, his personal liberty was curtailed, his mobile was seized, he was not allowed to talk to any one, even when he used washroom the ED officers accompanied him and all the times kept him surrounded. Thus, the personal liberty of the liberty was curtailed.
On 7th and 8th August, 2023, whole night was interrogated, was not allowed to sleep and kept aware for 20 hours
HELD that recording of statement by ED office at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual. We disapprove this practice. Thus, the High Court has directed ED to issue a circular / directions as to the timings, for recording of statements, when summons under Section 50 of PMLA are issued in view of the observations in the judgment.
Statement of a person summoned under Section 50 of the PMLA should 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 “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 human rights. It affects person’s health, may impair his mental faculties, cognitive skills and son. The said person, so summoned, cannot be deprived of his basic 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 contention of the ED that the statement was recorded so belatedly, post midnight, since he had no objection to recording of his statement. Consent is immaterial. Voluntary or otherwise, we deprecate the manner in which the petitioner’s was recorded so late in the night which went on post midnight till 3.30 a.m.
Judgment dated 15.4.2024 in Criminal Writ Petition (Stamp) No.15417 of 2023 of Ram Kotumal Isssrani Vs. The Directorate of Enforcement and others
