Supreme Court asks ED to respond to 64-year-old's plea against his arrest at odd hours

In a unique case, the Apex Court is seeking a response from the Enforcement Directorate (ED) to a plea by a person who has challenged his arrest by the central agency during odd hours. The arrest happened after the ED questioned him which lasted through the night [Ram Kotumal Issrani v. Enforcement Directorate & Anr]

A Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra has now given the petitioner the liberty to move the vacation benches for bail.

"Issue notice, returnable in three weeks. Dasti notice on the Standing Counsel through the Central Agency Section, in addition," the order stated.

The case the Supreme Court is hearing is of a 64-year-old businessman, Ram Issrani. He has accused the ED of illegally arresting him in an alleged bank fraud case.

The petitioner said that on August 7 and 8 2023, he was made to wait in the ED office, and his statement was recorded as late as from 10:30 pm to 3 am. Issrani said that he had submitted that he was kept awake for as long as 20 hours and was shown to be arrested at 5:30 am on August 8.

Later on, the Bombay High Court refused to quash Issrani's arrest and remand, which led to an instant appeal.

However, the High Court took exception to the ED recording statements of witnesses and accused at unearthly hours.

The court had directed the central agency to issue a circular or directions regarding timings for recording statements.