In a significant move aimed at ensuring fair treatment of individuals under investigation, the Enforcement Directorate (ED) has issued a new circular that restricts questioning hours in Prevention of Money Laundering Act (PMLA) cases. This directive comes on the heels of a landmark Bombay High Court order that underscored the importance of respecting the ‘right to sleep’ of those being investigated.
The genesis of this development lies in a petition filed by a 64-year-old individual, Ram Issrani, who was summoned to the ED office for questioning and kept waiting past midnight. The Bombay High Court, in April 2024, took cognizance of this situation and issued a directive emphasizing the need for respecting the fundamental right to sleep, as enshrined in Article 21 of the Indian Constitution.
The High Court’s order sparked the ED’s new circular, which mandates that investigating officers avoid summoning individuals for questioning at ‘unearthly’ hours or keeping them waiting for extended periods at the ED office. This move aims to ensure that those under investigation are not subjected to undue stress or disruption to their sleep patterns.
The Bombay High Court further stipulated that the ED should make the relevant sections of the circular publicly accessible, both on their website and on social media platform X (formerly Twitter). This directive ensures transparency and public awareness about the new guidelines.
In addition to limiting questioning hours, the Bombay High Court has also established stipulated hours for investigations, depending on the nature and severity of the case. For instance, in cases where evidence can be destroyed quickly using digital tools or mobile phones, investigating officers are expected to expedite the examination process, ideally concluding it on the same day or the following day.
The Bombay High Court’s order also includes specific guidelines for questioning senior citizens. In such cases, investigations should be restricted to ‘earthly’ hours, or the examination should be adjourned to a mutually convenient date.
This development underscores the increasing emphasis on ensuring fair treatment and respect for fundamental rights even during investigations. The Bombay High Court’s order and the ED’s subsequent circular are significant steps towards upholding the rights of individuals under investigation in PMLA cases.
