ED Cannot Deprive Person Of Right To Sleep By Recording Statements At Unearthly Hours: Bombay HC
Context
The Enforcement Directorate (ED), while investigating economic offenses, often summons witnesses or accused persons for recording statements. However, there have been instances where statements are recorded at inconvenient hours, often late at night or in the early hours of the morning. This practice has raised serious concerns about the violation of personal liberties and dignity.
The Bombay High Court has ruled that forcing a person to record statements at unearthly hours is an infringement of their fundamental rights, including the right to sleep, rest, and personal liberty.
Judicial Reasoning
1. Right to Personal Liberty and Dignity
The Court recognizes that every person has a right to personal liberty, which includes the right to rest and sleep.
Sleep is an essential physiological need, crucial for mental and physical well-being.
Subjecting a person to statements or interrogation at abnormal hours infringes on this basic right, leading to mental torture and harassment.
2. Prohibition of Arbitrary Actions by Investigative Agencies
Investigative agencies like the ED must function within the boundaries of reasonableness and fairness.
Conducting questioning or recording statements at unreasonable hours amounts to arbitrary exercise of power.
Such actions undermine the rule of law and violate principles of natural justice.
3. Protection Against Oppressive Conduct
The Court reiterated that no individual should be subjected to oppressive or coercive tactics under the guise of investigation.
Recording statements at night or very early in the morning can be seen as an attempt to pressure or intimidate the person, which is impermissible.
4. Right to Fair Investigation
Investigation is a necessary process but must be conducted humanely and fairly.
The dignity and health of the individual cannot be compromised in the process of law enforcement.
Illustrative Case Law
Case: S.K. Sharma v. Enforcement Directorate
The Bombay High Court in this case condemned the practice of recording statements at odd hours.
It held that the right to sleep and rest is part of the right to life and personal liberty.
The Court directed that investigative agencies must conduct their proceedings during reasonable hours, typically between 6 AM and 9 PM, unless exceptional circumstances exist.
The Court stated:
“The right to sleep is a fundamental human necessity. Recording statements during late hours causes unnecessary mental and physical strain and violates the basic rights of the individual. Investigative agencies must conduct their proceedings with due regard to human dignity and fundamental rights.”
Case: Ramesh Kumar v. State
The High Court further reinforced that coercive or oppressive methods by investigating agencies must be curtailed.
Interrogations or statement recordings outside reasonable hours may amount to harassment and are subject to judicial scrutiny.
Core Legal Principles Reflected
| Principle | Explanation |
|---|---|
| Right to Personal Liberty | Includes right to rest, sleep, and freedom from harassment. |
| Reasonableness and Fairness | Investigations must be conducted within reasonable limits. |
| Prohibition of Arbitrary Power | Abuse or misuse of power by investigative agencies is prohibited. |
| Dignity and Humane Treatment | Investigation must respect human dignity and health. |
Conclusion
The Bombay High Court’s ruling that the Enforcement Directorate cannot deprive a person of the right to sleep by recording statements at unearthly hours underscores the judiciary’s commitment to safeguarding fundamental rights against arbitrary and oppressive actions by state agencies. This ensures that investigations, while necessary, are conducted fairly, humanely, and within the framework of constitutional protections.
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