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'Can't keep you awake all night and interrogate' -Bombay High Court reprimanded ED
Mumbai The Bombay High Court has reprimanded the Enforcement Directorate (ED) for interrogating a senior citizen till late night in a money laundering case. Objecting to this, the court said on Monday that the right to sleep is a basic human need and it cannot be violated.
A division bench led by Justice Revati Mohite-Dere and Justice Manjusha Deshpande said that the statements should be recorded during the day time and not at night, as cognitive abilities are affected at night, due to which the statements may not be as accurate.
The court issued this order after hearing the petition filed by 64-year-old Ram Kotumal Israni challenging his arrest by ED in a money laundering case. Israni was arrested by the Central Investigation Agency in August 2023 after a long interrogation.
The petitioner had argued that his arrest was unfair and illegal. He was fully cooperating with the ED in the investigation and was continuously appearing before the agency on summons. The petition claimed that on August 7 last year, when he had appeared before the agency after receiving the summons, he was interrogated throughout the night and arrested the next day.
petition dismissed
However the court rejected the petition. But questions were raised when the petitioner was interrogated throughout the night. The lawyer appearing for the ED told the court that Ram Israni had agreed to record his statement overnight. According to the petition, Israni was interrogated by ED officials till 3 am.
Lack of sleep can affect health
The Bombay High Court said that lack of sleep can affect a person's health and impair his mental abilities and mental health. A person summoned cannot be deprived of his basic human right i.e. the right to sleep. Statements should not be recorded beyond a reasonable time, that too late at night when the person's cognitive skills may be impaired.
Not being considered guilty just by being called for questioning
In its order, the bench said that when a person is called for questioning, the investigating agency should not consider him guilty of any crime. The court remarked that the 64-year-old petitioner could have been called for questioning on any other day or even the next day, instead of making him wait till midnight despite his alleged consent. He had earlier also appeared before the agency to record his statement.
Mumbai The Bombay High Court has reprimanded the Enforcement Directorate (ED) for interrogating a senior citizen till late night in a money laundering case. Objecting to this, the court said on Monday that the right to sleep is a basic human need and it cannot be violated.
A division bench led by Justice Revati Mohite-Dere and Justice Manjusha Deshpande said that the statements should be recorded during the day time and not at night, as cognitive abilities are affected at night, due to which the statements may not be as accurate.
The court issued this order after hearing the petition filed by 64-year-old Ram Kotumal Israni challenging his arrest by ED in a money laundering case. Israni was arrested by the Central Investigation Agency in August 2023 after a long interrogation.
The petitioner had argued that his arrest was unfair and illegal. He was fully cooperating with the ED in the investigation and was continuously appearing before the agency on summons. The petition claimed that on August 7 last year, when he had appeared before the agency after receiving the summons, he was interrogated throughout the night and arrested the next day.
petition dismissed
However the court rejected the petition. But questions were raised when the petitioner was interrogated throughout the night. The lawyer appearing for the ED told the court that Ram Israni had agreed to record his statement overnight. According to the petition, Israni was interrogated by ED officials till 3 am.
Lack of sleep can affect health
The Bombay High Court said that lack of sleep can affect a person's health and impair his mental abilities and mental health. A person summoned cannot be deprived of his basic human right i.e. the right to sleep. Statements should not be recorded beyond a reasonable time, that too late at night when the person's cognitive skills may be impaired.
Not being considered guilty just by being called for questioning
In its order, the bench said that when a person is called for questioning, the investigating agency should not consider him guilty of any crime. The court remarked that the 64-year-old petitioner could have been called for questioning on any other day or even the next day, instead of making him wait till midnight despite his alleged consent. He had earlier also appeared before the agency to record his statement.
A division bench led by Justice Revati Mohite-Dere and Justice Manjusha Deshpande said that the statements should be recorded during the day time and not at night, as cognitive abilities are affected at night, due to which the statements may not be as accurate.
The court issued this order after hearing the petition filed by 64-year-old Ram Kotumal Israni challenging his arrest by ED in a money laundering case. Israni was arrested by the Central Investigation Agency in August 2023 after a long interrogation.
The petitioner had argued that his arrest was unfair and illegal. He was fully cooperating with the ED in the investigation and was continuously appearing before the agency on summons. The petition claimed that on August 7 last year, when he had appeared before the agency after receiving the summons, he was interrogated throughout the night and arrested the next day.
petition dismissed
However the court rejected the petition. But questions were raised when the petitioner was interrogated throughout the night. The lawyer appearing for the ED told the court that Ram Israni had agreed to record his statement overnight. According to the petition, Israni was interrogated by ED officials till 3 am.
Lack of sleep can affect health
The Bombay High Court said that lack of sleep can affect a person's health and impair his mental abilities and mental health. A person summoned cannot be deprived of his basic human right i.e. the right to sleep. Statements should not be recorded beyond a reasonable time, that too late at night when the person's cognitive skills may be impaired.
Not being considered guilty just by being called for questioning
In its order, the bench said that when a person is called for questioning, the investigating agency should not consider him guilty of any crime. The court remarked that the 64-year-old petitioner could have been called for questioning on any other day or even the next day, instead of making him wait till midnight despite his alleged consent. He had earlier also appeared before the agency to record his statement.
