ED Issues New Guidelines on Summons Procedure After Bombay HC Order

ED Issues New Guidelines on Summons Procedure After Bombay HC Order

ED Issues New Guidelines on Summons Procedure After Bombay HC Order

The Enforcement Directorate (ED) has issued a fresh circular advising its officials and investigating officers (IOs) to avoid questioning individuals at “unearthly” hours and not keep them waiting for long periods at their offices. This directive, dated October 11, was issued following a Bombay High Court ruling in response to a petition by a 64-year-old man who was summoned and allegedly detained overnight for questioning by the ED.

The Bombay High Court expressed concern over the late-night questioning of the petitioner, deeming it a violation of basic human rights. The court stated that recording statements past midnight results in sleep deprivation, a violation of a person’s fundamental rights, and disapproved of such practices. The court directed the ED to issue a circular to ensure proper timing for questioning under Section 50 of the Prevention of Money Laundering Act (PMLA).

In compliance with the court’s order, the ED issued the circular, which outlined several key guidelines for its officers. These include:

1. Preparedness of Investigating Officers (IOs): Officers are required to be well-prepared with documents and questionnaires before calling in a person for questioning, ensuring efficient use of time.
2. Avoiding Delays: The circular emphasized that the summoned individual should be questioned at the appointed time without unnecessary delays or prolonged waiting periods.
3. Timely Examination: To minimize opportunities for the suspect to conceal or destroy evidence, the ED encouraged the examination of the individual to be completed on the same or the next day.
4. Questioning During “Earthly Hours”: The circular stressed that statements should be recorded during regular office hours, especially for senior citizens, individuals with medical conditions, or those who are sick.
5. Exceptional Circumstances: In rare cases where there is credible evidence suggesting the individual may destroy evidence or flee, the ED allows questioning beyond regular hours. However, this requires prior approval from a senior officer and documentation of the reasons.

The High Court also instructed the ED to make this circular publicly available on its website and social media accounts, ensuring transparency in its operations.

The ED is empowered to investigate and question individuals under laws such as the PMLA, the Foreign Exchange Management Act (FEMA), and the Fugitive Economic Offenders Act (FEOA). This move aims to bring procedural fairness and reduce any undue harassment during investigations.

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