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SC slams ED's 'high-handedness', 'inhuman' 15-hour interrogation

Millennium Post Delhi

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New Delhi 04January2025

UPHOLDS ARREST OF EX-HARYANA MLA ILLEGAL

SC slams ED's 'high-handedness', 'inhuman' 15-hour interrogation

The Supreme Court has strongly criticised the Enforcement Directorate (ED) for its "high-handedness" and "inhuman conduct" during a nearly 15-hour interrogation of former Haryana Congress MLA Surender Panwar, upholding a high court ruling that declared his arrest illegal.

A bench comprising Justices Abhay S. Oka and Augustine George Masih condemned the ED's actions, noting that the case involved allegations of illegal sand mining rather than any terror-related activity. "This is inhuman conduct by the officers. Such treatment is unwarranted in a case like this.

You have essentially coerced the person into making a statement,” the bench remarked. Rejecting the ED’s plea challenging the high court’s decision, the bench stated, “We see no reason to interfere with the high court’s finding that the respondent’s arrest was illegal.”

The Supreme Court clarified that the high court’s observations were limited to assessing the legality of Panwar’s arrest.

“These findings will not affect the merits of the pending complaint under Section 44 of the Prevention of Money Laundering Act (PMLA), 2002,” said the bench in its order on December 2.

The court said the ED’s approach in conducting the probe was a “shocking state of affairs” where a person was virtually forced to make a statement.

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