Bombay HC Slams ED for Overnight Interrogation of Elderly, Asserts Right to Sleep

Bombay HC Slams ED for Overnight Interrogation of Elderly, Asserts Right to Sleep

On Monday, the Bombay High Court expressed strong disapproval towards the Enforcement Directorate (ED) for subjecting a senior citizen to overnight interrogation in connection with a money laundering case. The court emphasized that the fundamental human need for sleep is sacrosanct and must not be infringed upon.

The division bench, comprising Justices Revati Mohite Dere and Manjusha Deshpande, asserted that statements should not be taken during nighttime hours, when an individual's cognitive abilities may be compromised. This directive was issued in response to a petition filed by 64-year-old Ram Israni, who contested his arrest in a money laundering case. Israni had been apprehended by the Enforcement Directorate (ED) in August 2023.

In his petition, Israni stated that he had complied with the agency's summons on August 7, 2023, and underwent interrogation throughout the night, subsequently being arrested the following day in connection with the case. While the bench dismissed the petition, it explicitly voiced its disapproval of the practice of conducting overnight interrogations on the petitioner.

ED lawyer Hiten Venegaonkar told the court that Israni had given consent to recording her statement at night. According to the petition, ED officials interrogated Israni until morning.

The court said, "Whether voluntary or otherwise, we condemn the manner in which the statement of the petitioner was recorded so late in the night. The process continued until 3.30 in the morning. The right to sleep is a basic human need and this deprivation is a violation of a person's human rights."

The court fixed September 9 for the next hearing of the case.

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