'Not Heroic': High Court Raps ED Over 14-hour Interrogation of Congress MLA

New Delhi: The Punjab and Haryana High Court came down heavily on the Enforcement Directorate (ED) for subjecting a Congress MLA from Haryana, Surender Panwar, to an exhaustive interrogation lasting 14 hours and 40 minutes prior to his arrest in a money laundering case.

Justice Mahabir Singh Sindhu described the ED's actions as “not heroic,” asserting that such treatment undermines human dignity.

The court's remarks came as it cancelled Panwar's arrest, stressing on the need for the ED to implement reasonable time limits for questioning suspects. The High Court noted that Panwar had cooperated fully by appearing at the ED’s Zonal Office in Gurugram on July 19, 2024, at 11 a.m. and was interrogated until 1:40 a.m. the following day.

In its judgment, the court stressed the importance of establishing a mechanism that ensures fair investigations, in line with basic human rights as recognized by the United Nations. It suggested that unnecessary harassment, particularly prolonged interrogations, should be avoided to maintain the dignity of the accused.

Justice Sindhu further instructed the ED to take corrective measures and sensitise its officers to adhere to reasonable timeframes during interrogations, in accordance with Article 21 of the Constitution.

The High Court's decision also noted that Panwar, a former Director of Development Strategies (India) or DSPL, had not held the position since November 2013.

Despite the National Green Tribunal imposing a penalty on DSPL in 2022 for illegal mining activities, the court ruled that this did not make Panwar liable under the Prevention of Money Laundering Act (PMLA). It concluded that illegal mining is not classified as a scheduled offence under the PMLA, and as such, there was insufficient evidence to support any charges against him.

Pointing out that the Enforcement Directorate (ED) lacked evidence to demonstrate that Panwar had either directly or indirectly participated in the crime, the High Court quashed his arrest and ordered his immediate release.