Friday, September 20, 2024
HomeLawSupreme Court pulls up ED for questioning accused at 3 AM

Supreme Court pulls up ED for questioning accused at 3 AM

Issrani was arrested last year in connection with a bank fraud case.

He claimed that on August 7 and 8 last year, he was made to wait in the office of the ED, after which his statement was recorded from 10:30 PM to 3:00 AM. He submitted that he was kept awake for a total of 20 hours and was shown to be arrested at 5:30 AM on August 8.

Though the High Court had refused to quash the arrest, it had taken exception to how the ED recorded the statements of witnesses and the accused at unearthly hours.

It had directed the ED to issue a circular or directions regarding timings for recording statements.

The High Court also reiterated that an investigation by ED officers stood on a different footing from an investigation under the Code of Criminal Procedure, as it was deemed to be a judicial proceeding.

Source: Barandbench

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