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14-hour interrogation not commendable: High Court imposes time limits on ED questioning

The Punjab & Haryana High Court reprimanded the Enforcement Directorate for a 14-hour questioning of Congress MLA Surender Panwar, calling it a violation of human dignity and ordering his release in a money laundering case 

26-09-2024
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The Punjab and Haryana High Court criticized the Enforcement Directorate (ED) for subjecting Congress MLA Surender Panwar to over 14 hours of continuous questioning before his arrest in a money laundering case. Justice Mahabir Singh Sindhu emphasized that such prolonged interrogation was "not heroic" but violated "human dignity." He stressed the need for ED officers to adhere to "reasonable time limits" and urged the agency to be more mindful of human rights.

The court’s remarks came as it quashed Panwar's arrest, who is the Congress candidate from Sonipat in the upcoming Haryana Assembly elections. Panwar had been summoned to the ED’s Gurugram office on July 19, 2024, where he was interrogated for 14 hours and 40 minutes. The court ruled that this violated the principles of human dignity and underscored the importance of fair investigations in line with the United Nations’ human rights framework.

In its decision, the court further noted that Panwar had ceased to be a Director of Development Strategies (India) Pvt. Ltd. (DSPL) in 2013, well before the National Green Tribunal imposed penalties on the company in 2022. The court concluded that Panwar could not be held liable under the Prevention of Money Laundering Act (PMLA), as illegal mining, the basis of the case, is not a scheduled offence under the Act. With no direct evidence linking him to the crime, the court ordered Panwar's release and annulled his arrest.

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