The Supreme Court has issued notice to the Enforcement Directorate (ED) on a petition filed by a businessman challenging his arrest by the federal agency during odd hours after questioning, which lasted through the night.
The Bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra directed the Standing Counsel appearing for the national agency, to reply within three weeks.
It further gave the liberty to the petitioner move the vacation benches for bail.
The Bench passed the order on a petition filed by 64-year-old Ram Issrani, who accused ED of illegally arresting him in an alleged bank fraud case.
The petitioner alleged that on August 7 and 8, 2023, he was made to wait in the office of the ED, after which his statement was recorded from 10:30 pm to 3:00 am. He was kept awake for a total of 20 hours and was shown to be arrested at 5:30 am on August 8, added the businessman.
Earlier, the Bombay High Court had refused to quash his arrest and remand, after which the businessman moved the Apex Court.
Though the High Court refused to quash the arrest, it took exception to the central agency recording statements of witnesses and accused at unearthly hours, given that it resulted in the deprivation of a person’s sleep.
The High Court directed the ED to issue a circular or directions regarding the timings for recording statements when summons were issued for interrogation.
An investigation by ED officers stood on a different footing from an investigation under the Code of Criminal Procedure, as it was deemed to be a judicial proceeding, noted the High Court.
The petitioner claimed before the top court of the country that he was not immediately produced before a Magistrate upon arrest.
The businessman was represented by Senior Advocate Kapil Sibal along with Advocates Vijay Agarwal, Mahesh Agarwal, Ankur Saigal, Kajal Dalal, and EC Agrawala.