Bombay High Court Decries Overnight Statement Recording by ED

On 15th April 2024, Bombay High Court (HC) condemned ED's late-night questioning, stressing the right to sleep.

Key Points

Right to Sleep Recognized: The court highlighted the importance of the right to sleep as a basic human necessity and its violation during overnight questioning.
Violation of Human Rights: Deprivation of sleep impacts health and cognitive functions, violating basic human rights under Article 21.
Directives Issued: The court directs the Enforcement Directorate to establish guidelines for statement recording timings under Section 50 of the PMLA.
Critique of Late-Night Questioning: The court criticized the practice of recording statements late at night, emphasizing the importance of earthly hours for such procedures.
Debate on Summoning Procedures: Discussion ensued regarding the necessity of summoning individuals for questioning beyond reasonable hours.
Importance of Timely Summoning: The court suggested summoning individuals during reasonable hours, especially if they have previously cooperated with investigative agencies.