Trader accuses ED officials of assault

A Delhi-based businessman who was arrested by the Enforcement Directorate (ED) in connection to a `5,000 crore money laundering probe in an alleged bank fraud has alleged that he was assaulted by agency officials during interrogation.

The businessman, Gagan Dhawan, made the allegations while undergoing a routine medical check-up. However, the doctors did not find any external injury or any substantial internal injury.

ED officials told this before a Delhi court while demanding more time to interrogate him. They told the court that due to his drama, they could not interrogate Dhawan. They accused him of giving evasive answers and not cooperating with them.

Nitesh Rana, the special public prosecutor appearing for ED, told the court that during the probe they have received certain documents from the bank, including electronic evidences, for which Dhawan

needs to be further questioned by them. To this effect Mr Rana demanded more time to interrogate Dhawan.

R.K. Handoo, the counsel appearing for Dhawan, opposed the ED’s move saying that his client has already been in their custody for nine days. He further said that non-cooperation can never be a ground for the extension of custody. Mr Handoo also cited Chapter 11, Part B, Rule 8(D) of Delhi high court rules, urging the court to dismiss the ED’s move.

The court noted that an accused not cooperating in an investigation could never be a ground for further custody remand of the said accused.

“The principles of Article 20(3) of the Constitution of India govern the investigation conducted by the Enforcement Directorate and no persons can be forced to give evidence which is self incriminating. It is the job of the probe agency to find out the evidence,” the court noted while rejecting the move of the ED.

The court remanded Dhawan to fourteen-day judicial custody. It fixed November 23 as the next date of hearing.