Punjab and Haryana High Court Critiques ED’s Tactics After 14-Hour Interrogation of Accused
The Punjab and Haryana High Court has taken a strong stance against the Enforcement Directorate (ED) following the 14-hour interrogation of Congress party candidate Surender Panwar in a money laundering case tied to illegal mining. Justice Mahabir Singh Sindhu, while setting aside Panwar’s arrest, emphasized the need for the ED to sensitize its officers regarding interrogation practices.
Justice Sindhu described the lengthy questioning as not just excessive but “against the dignity of a human being,” urging the ED to implement reasonable time limits for interrogations. He highlighted the importance of adhering to Article 21 of the Constitution, which protects the right to life and personal liberty, and called for a framework that ensures fair investigations in line with basic human rights standards set by the United Nations.
Surender Panwar, who was arrested in July while contesting in the upcoming Haryana elections, had been accused of involvement with Development Strategies (India) Ltd (DSPL). However, the court noted that Panwar ceased to be a director of DSPL in November 2013, pointing out that the ED failed to provide any evidence to the contrary. The court remarked that the ED’s attempt to link him to the company was unfounded, given the lack of recent evidence supporting his involvement.
Furthermore, the court addressed a ₹2.5 crore penalty imposed on DSPL by the National Green Tribunal (NGT) in 2022, clarifying that this does not implicate Panwar under the Prevention of Money Laundering Act (PMLA), especially since the Supreme Court had stayed the NGT’s order in 2023.
The court concluded that illegal mining does not qualify as a scheduled offense under the PMLA, stating that there was insufficient evidence to suggest Panwar had engaged in any activities related to proceeds of crime. Consequently, the court quashed Panwar’s arrest and ordered his immediate release.
Senior Advocate RS Cheema, along with his team, represented Panwar, while the ED was represented by Special Counsel Zoheb Hossain and Senior Panel Counsel Lokesh Narang.
(With inputs from agency)
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