In a significant move, the Bombay High Court has intervened on behalf of businessman Deepak Kochhar, ordering the Serious Fraud Investigation Office (SFIO) to conduct interrogations within office hours. This directive aligns with a recent policy implemented by the Enforcement Directorate (ED), aimed at safeguarding the rights and dignity of individuals under investigation.
Deepak Kochhar, who is caught up in the high-profile Videocon-ICICI loan fraud case alongside his wife, former ICICI Bank CEO Chanda Kochhar, appealed to the court after enduring a marathon interrogation session that stretched from 10 AM to nearly 11 PM on October 22. The case revolves around allegations concerning a substantial loan issued by ICICI Bank under Chanda Kochhar’s leadership, which is said to have favored Videocon Industries to the tune of over ₹3,200 crores.
Represented by Senior Advocate Amit Desai, Kochhar argued that the lengthy interrogation sessions were a violation of his rights, particularly noting his status as a senior citizen. Desai stressed that similar to the ED’s recent internal directive—which restricts questioning under the Prevention of Money Laundering Act (PMLA) to regular office hours to honor the “right to sleep”—the SFIO should also adhere to strict timing to ensure humane treatment of the individuals they question.
The Bombay High Court, presided over by Justices Revati Mohite Dere and Rohit Wasudeo Joshi, granted interim relief to Kochhar on October 25, with assurances from the SFIO that no coercive measures would be taken outside of working hours. The court scheduled the next hearing for November 13, where the implementation of these interrogation guidelines will be reviewed.
This judicial intervention underscores a growing recognition of the need for consistent policies across all investigative agencies that respect the fundamental rights of individuals during probes. SFIO’s Special Public Prosecutor Manisha Jagtap confirmed the agency’s commitment to adhering to the court’s directive.
