Punjab And Haryana High Court Criticises ED’s Interrogation Practices In Surender Panwar Case

P&H High Court Criticizes ED’s Lengthy Interrogations

The P&H High Court ruling against ED interrogations under PMLA has exposed serious concerns about the Enforcement Directorate’s (ED) excessive questioning tactics. Justice Mahabir Singh Sindhu directly criticized the ED for forcing individuals to undergo 15-hour-long interrogations. He argued that such actions violate human dignity and breach Article 21 of the Constitution, which guarantees the right to life and liberty.

Violation of Human Rights in ED’s Investigation

The case involved Congress MLA Surender Panwar, who faced nearly 15 hours of interrogation over alleged illegal mining. The court called these lengthy sessions unnecessary and harmful to basic human rights. In response, the P&H High Court ruling against ED interrogations under PMLA urged the ED to adopt reasonable limits. For the purpose of it’s questioning sessions. Additionally, it stressed the need for a humane approach when conducting investigations.

Lack of Evidence and Unlawful Arrest

Panwar’s lawyers argued that the FIRs the ED used to support its case did not mention him. Furthermore, the court found no solid evidence tying him to any illegal activities. The alleged crime of illegal mining is not classified as a scheduled offense under the PMLA. Therefore, the court ruled that Panwar could not be prosecuted based on these charges. This solidified the P&H High Court ruling against ED interrogations under PMLA. It is made clear that investigations must adhere to legal standards.

Judicial Precedent and Fair Investigations

The court also referred to two similar cases where the ED’s arrests were overturned. This was due to violations of Section 19 of the PMLA. Both rulings highlighted the critical need for following lawful processes. In this case, the court annulled Panwar’s arrest and the remand order issued by the Special Judge. This decision reaffirmed that investigative bodies must respect human dignity and conduct their inquiries fairly.

Striking a Balance Between Justice and Human Rights

The P&H High Court ruling against ED reminds law enforcement agencies that their responsibilities must align with the fundamental rights of individuals. By setting time limits and requiring humane investigation methods, this ruling ensures that justice does not come at the cost of personal liberties.