The Supreme Court strongly criticized the Enforcement Directorate (ED) on Thursday for its “high-handedness” and “inhuman conduct” during the interrogation of former Haryana Congress MLA Surender Panwar. Panwar was questioned for nearly 15 hours last year in connection with a money-laundering case linked to alleged illegal sand mining.
A bench comprising Justices Abhay S. Oka and Augustine George Masih condemned the prolonged interrogation, stating, “This is not the way to treat people in such a case. You have virtually forced a person to make a statement.” The court emphasized that the case was not related to terrorism, making the ED’s approach unwarranted.
Upholding a high court ruling that termed Panwar’s arrest “illegal,” the Supreme Court clarified that this finding would not impact the merits of the ongoing complaint under Section 44 of the Prevention of Money Laundering Act (PMLA).
During the hearing, ED counsel Zoheb Hussain argued that the high court had erred in its observation, noting a dinner break during the interrogation. However, records revealed that the ED summoned Panwar under Section 50 of the PMLA and interrogated him for over 14 hours, starting at 11 a.m. on July 19, 2024, and continuing until 1:40 a.m. the following day.
The Punjab and Haryana High Court had earlier criticized the ED’s actions, deeming them “against the dignity of a human being.” It also highlighted that illegal mining, while an offense under the Mines and Minerals (Development and Regulation) Act, 1957, is not a scheduled offense under the PMLA.
The court urged the ED to adopt humane practices, reminding them of the constitutional mandate under Article 21. It called for remedial measures to ensure reasonable time limits for interrogations and prevent unnecessary harassment.
This case stems from multiple FIRs filed by the Haryana Police regarding illegal mining activities in Yamunanagar and nearby districts. The ED later produced 55-year-old Panwar before a special PMLA court in Ambala, which placed him in custody.
The judgment underscores the balance between enforcement and respecting human dignity during investigations.
