'High Handedness' & 'Inhuman 15-hour interrogation', SC slams ED

The Supreme Court has observed ED's "high-handedness" and "inhuman conduct" during an almost 15-hour long interrogation of former Haryana Congress MLA Surender Panwar and upheld an order saying his arrest was illegal   in a money laundering case pertaining to alleged illegal mining and fabrication of e-rawana bills. A bench of Justices Abhay S Oka and Augustine George Masih said it was an "inhuman conduct" on part of ED officers as the case was not related to some terror activity but of an alleged illegal sand mining. "This is not the way to treat people in such a case. You have virtually forced a person to make a statement," it said.
Dismissing the Enforcement Directorate (ED)'s plea against the high court order, the bench held, "We are not inclined to interfere with the finding of the high court that the arrest of the respondent was illegal." The high court's findings, it said, were only for deciding whether Panwar's arrest was illegal. "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.ED's counsel Zoheb Hussain said the high court had erred in its finding that Panwar was continuously quizzed for 14.40 hours, pointing to a dinner break during the interrogation.
On September 29, 2024, the high court said primarily, as per the grounds of arrest, the allegation(s) against the petitioner pertained to illegal mining or supplying the illegally mined material.Therefore, it said, the foundation of case was illegal mining whereas the rest of the allegations in all the nine FIRs were peripheral, relatable to illegal mining. "Of course, 'illegal mining' is an offence under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), but neither 'illegal mining' nor the MMDR Act has been included under the schedule attached with the PMLA. In other words, 'illegal mining' is not a scheduled offence under the PMLA. Hence, prima facie, petitioner cannot be prosecuted on that count," said the high court. It said there was no material with the ED to substantiate that petitioner was directly or indirectly involved in any process or activity connected with the proceeds of crime, in any manner or projected it as untainted by any means.