SC rebukes ED for early morning interrogations

The Supreme Court on Tuesday criticized the Enforcement Directorate (ED) for conducting interrogations during early morning hours in a money laundering case [Ram Kotumal Issrani v. Enforcement Directorate & Anr].

A Vacation Bench comprising Justices Prashant Kumar Mishra and KV Viswanathan expressed concerns not about the merits of the case but about the procedural approach taken by the ED.

"Without delving into the merits, what is happening here? Calling someone at 10:30 AM is understandable, but interrogating them at 3:30 AM is unacceptable. This is not about the merits but about general procedural propriety," remarked Justice Viswanathan.

The Court was addressing a plea from 64-year-old businessman Ram Issrani, who challenged his arrest by the ED, which occurred during odd hours following a lengthy overnight interrogation.

Previously, the Bombay High Court had refused to annul Issrani's arrest and remand, leading him to seek relief from the Supreme Court. Last month, the Supreme Court had asked the ED to respond to Issrani's plea and granted him the liberty to approach the Vacation Bench for bail.

In today's hearing, the Court decided against issuing any interim orders immediately and scheduled a hearing on the merits of the case after the summer break, adjourning the matter until July.

Issrani's arrest stemmed from a bank fraud case last year. He claimed that on August 7 and 8, he was kept waiting in the ED office, with his statement being recorded from 10:30 PM to 3:00 AM. He alleged he was kept awake for 20 hours and officially arrested at 5:30 AM on August 8.

While the High Court had declined to quash the arrest, it criticized the ED for recording statements at unreasonable hours. It directed the ED to issue guidelines on appropriate timings for recording statements, emphasizing that ED investigations are judicial proceedings and should be treated differently from regular criminal investigations under the Code of Criminal Procedure.