HC pulls up ED for taking sr citizen’s statement after midnight: ‘Right to sleep basic requirement’

THE BOMBAY High Court on Monday, while dismissing a plea by a 64-year-old businessman claiming “illegal” arrest by Enforcement Directorate (ED), deprecated the manner in which he was made to wait in the ED office and his statement was recorded overnight, depriving him of “right to sleep” under Article 21 (Right to life with dignity) of the Constitution.

“The ‘right to sleep’/‘right to blink’ is a basic human requirement, in as much as, non-providing of the same, violates a person’s human rights. It affects a person’s health, may impair his mental faculties, cognitive skills and so on. The said person, so summoned, cannot be deprived of his basic human rights i.e, right to sleep, by the agency, beyond a reasonable time. Statements must necessarily be recorded during earthly hours and not in the night when the person’s cognitive skills may be impaired,” the bench noted in its verdict.

However, special public prosecutor Hiten Venegaonkar, representing ED, said that the petitioner had no objection to recording his statement belatedly after midnight.

A division bench of Justices Revati Mohite Dere and Manjusha A Deshpande directed the ED to issue a circular and directions as to the timings for recording of statements. While dismissing the “devoid of merits” petition due to “no illegality” in petitioner's arrest, the bench made observations on the manner in which the petitioner was kept overnight, “whether voluntarily or otherwise.”

Thepetitionerclaimedthaton August7and8,2023hewasmade to wait in the office of the ED and that his statement was recorded from 10.30 pm till 3.00 am, keeping him awake for a total of 20 hours and he was shown to be arrested at 5.30 am on August 8.

Issrani, who had “medical issues”, contended through advocatevijayaggarwalthattherewas “no tearing hurry” for the ED to record his statement after midnightandhecouldhavewellbeen summoned on next date or later.

The HC said ED must not record statements at night when a person’s cognitive skills may be impaired