The Supreme Court has strongly criticized the Enforcement Directorate (ED) for its "inhuman conduct" during the interrogation of former Haryana Congress MLA, Surender Panwar. The Court was particularly concerned with the prolonged 15-hour questioning session, which extended past midnight, leading to Panwar’s arrest at 1:40 a.m. The Court upheld the Punjab and Haryana High Court's decision to quash the arrest and called for more humane and reasonable investigative practices by the ED.
In its order, the Supreme Court bench, comprising Justice Abhay S Oka and Justice Augustine George Masih, took serious issue with the ED’s approach. The Court described the interrogation as a “shocking state of affairs,” with the agency effectively forcing Panwar to make a statement. The bench emphasized that such methods were unacceptable, particularly given that the case involved illegal sand mining, not terrorism. "You are forcing a person to make a statement," the Court remarked.
The ED had arrested Panwar in July after subjecting him to intense questioning for nearly 15 hours. Following his arrest, the Punjab and Haryana High Court quashed the detention, ruling that the agency’s actions violated human dignity. The ED appealed the decision to the Supreme Court.
During proceedings, advocate Zoheb Hossain, representing the ED, argued that the High Court had inaccurately stated the duration of the interrogation, claiming that Panwar had been given a dinner break. Hossain also assured the Court that the ED had taken steps to ensure future interrogations would not extend into the late hours.
However, the Supreme Court rejected the ED’s defense, pointing out the unreasonableness of interrogating someone for such a long period without breaks. The bench made it clear that its remarks were strictly about the legality of Panwar’s arrest and were not intended to address the merits of the case.
The High Court had previously noted in its ruling that Panwar was interrogated for "14 hours and 40 minutes" continuously, which the judges described as "against the dignity of a human being." The High Court also emphasized the need for the ED to respect basic human rights and adhere to a reasonable time frame for interrogations. It recommended the implementation of guidelines to prevent prolonged questioning, ensuring that investigations are conducted fairly and in accordance with Article 21 of the Constitution.
Echoing the High Court's concerns, the Supreme Court called the ED's behavior "inhuman," particularly as the case did not involve terrorism or any serious threat to national security. The bench further upheld the High Court’s order, concluding that there was insufficient evidence to justify Panwar’s arrest, and that the ED had failed to substantiate its claims regarding his involvement in illegal mining activities.
In light of the Court's observations, the ED issued a circular instructing its officers to avoid questioning individuals late at night and to ensure that suspects are not subjected to long, drawn-out interrogations without breaks.
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