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The Enforcement Directorate (ED), India's premier financial crime investigating agency, has issued a new directive to its officers, restricting them from summoning individuals involved in Prevention of Money Laundering Act (PMLA) cases for questioning at 'unearthly' hours or keeping them waiting for extended periods at the ED office. This directive stems from a recent Bombay High Court order, emphasizing the importance of respecting the 'right to sleep' of those under investigation in PMLA cases.
The High Court's order was issued in April 2024, following a petition filed by a 64-year-old individual, Ram Issrani, who was summoned to the ED office for questioning and kept waiting until after midnight. The court found that the ED's actions violated Issrani's fundamental right to sleep, enshrined under Article 21 of the Indian Constitution. The court's directive aimed to ensure that individuals under investigation are not subjected to undue pressure or intimidation through prolonged questioning at unreasonable hours.
The ED initially issued an internal circular on October 11th, 2024, in response to the Bombay High Court's directive. However, this circular was not publicly accessible. Subsequently, on October 14th, the Bombay High Court bench of Justice Revati Mohite Dere and Justice Prithviraj K Chavan directed the ED to make relevant paragraphs of the circular available on its website and social media account. This order aimed to ensure transparency and public accountability in the ED's operations.
The ED's new directive sets stipulated hours for questioning based on the severity of the case. For cases where digital evidence could be destroyed using online tools or mobile phones, investigating officers (IOs) are instructed to conclude the examination of the summoned person expeditiously, ideally on the same day or the following day. This directive seeks to balance the need for effective investigation with the protection of individuals' fundamental rights.