No ‘unearthly’ timings, question only during office hours: Enforcement Directorate issues new directive to officers

The Enforcement Directorate, on Saturday, issued a fresh circular directing its investigating officers to strictly not summon those involved in Prevention of Money Laundering Act (PMLA) for questioning at ‘unearthly’ timings, or keep them waiting for longer hours at the office.

The national probing agency's fresh circular comes after the technical circular was issued last Friday, October 11, following the Bombay High Court's directives that took up the petition of a person who was summoned by the ED and "detained overnight and interrogated." The circular, however was not publicly accessible.

‘Article 21: Right to sleep’

The Bombay High Court found that the 64-year-old petitioner Ram Issrani was summoned to the ED office for questioning and was kept waiting post mid-night. Taking note of the matter, the HC issued a directive in April 2024, emphasising the importance of respecting the “right to sleep” of those under investigation in the PMLA case, legal news agency Bar and Bench reported.

‘ED to put para 18…’

On October 14, a bench of Justice Revati Mohite Dere and Justice Prithviraj K Chavan noted that ED's circular has only been shared internally and was not publicly accessible. Hence, it directed the federal agency to make the relevant paragraphs of the circular available on the ED's website and account on social media platform X.

"Since ED has issued a circular dated 11th October, 2024, the Judgment dated 15th April, 2024 stands complied with. Needless to state, that the ED to put para 18 of the said Circular on their website as well as on their Twitter handle," the Bombay HC's order read, mentioned a report by Bar and Bench.

‘Conclude same day or adjourn…’

The Bombay High Court further laid out stipulated hours for the investigating officers (IO), depending on the severity of the case. Considering a scenario where a person can destroy digital evidence in short time using online tools or mobile phones, the Bombay HC stated that IOs "shall endeavour to conclude the examination of the person summoned expeditiously, ideally on the same day or the following day".

For senior citizens, the enquiries should be "restricted" to earthly hours, or “adjourn the examination” to a next mutually decided date, announced the Bombay High Court, reported PTI.