In a striking rebuke, the Supreme Court criticized the Enforcement Directorate (ED) for its handling of an interrogation involving former Haryana Congress legislator Surendra Panwar. The court described the nearly 15-hour interrogation, which continued past midnight, as excessive and inhumane. Panwar, who was arrested in connection with a money laundering case tied to illegal mining, had his arrest previously annulled by the Punjab and Haryana High Court, a decision the ED challenged in the Supreme Court.
The Supreme Court bench, presided over by Justices Abhay S. Oka and Augustine George Masih, expressed concern over the ED’s methods, suggesting the agency coerced the individual into giving a statement. ED’s lawyer, Zoheb Hussain, contested the high court’s record of the interrogation duration but admitted that a dinner break was provided during the session. Hussain also noted that the agency had already taken steps to ensure that interrogations do not extend into late-night hours unnecessarily.
The Supreme Court dismissed the ED’s arguments, questioning how the agency could subject a person to such prolonged questioning without breaks. The court clarified that their and the high court’s remarks were solely regarding the issue of bail, not the merits of the case itself. According to the high court, Panwar was issued a summons and arrived at the ED’s Gurgaon office at 11 AM, where he was interrogated continuously until 1:40 AM the following day (July 20).
Echoing the high court’s sentiments, the Supreme Court remarked that this was not a case related to terrorism but illegal sand mining, and such behavior should not occur in these circumstances. The court reiterated the high court’s ruling that the initial arrest and its grounds were not sustainable in law, and the ED failed to substantiate that the politician was directly or indirectly involved in any activity related to the proceeds of crime.
In conclusion, the Supreme Court upheld the high court’s order, emphasizing the need for law enforcement to conduct its duties within the bounds of human dignity and rights.
