New Delhi: The Enforcement Directorate (ED) has issued a fresh circular directing its officials that efforts should be made to record statement of person summoned during earthly hours ie. during office hours rather than stretching it too late at night and the authorized officer while fixing the date and time of the compliance of the summons should ensure that the person so summoned is taken up for examination on appointed time and date without keeping him waiting for hours.
The technical circular was issued by the ED on October 11 following a direction by the Bombay High Court, which had directed the agency to issue directives in this regard while hearing a plea of a 64-year-old man summoned to the ED office for questioning and was kept waiting post mid-night.
High Court earlier disapproved of practice of recording statement at unearthly hours
A bench comprising Justice Prithviraj K Chavan and Justice Revati Mohite Dere, while dismissing the plea of the 64-year-old petitioner, had disapproved this practice and had directed the ED “to issue a circular/directions, as to the timings, for recording of statements, when summons under section 50 of the PMLA (Prevention of Money Laundering Act) are issued, having regard to what is observed by us hereinabove.”
What did the High Court say?
The High Court had observed, “It is not as if the petitioner, aged 64 years had not reported to the office of the ED on 3 earlier occasions, post the summons issued under section 50 of the PMLA. This was the 4th summons which was issued to the petitioner. On all the earlier occasions, his statements were recorded and as such, the petitioner could have well been summoned on some other day or even on the next day, instead of keeping him waiting post mid- night, despite his alleged consent. Consent is immaterial. Recording of statement, at unearthly hours, definitely results in deprivation of a person’s sleep, basic human right of an individual.”
High Court, while disposing off petition, has asked ED to put up circular on its website and X handle
The ED, following the direction, informed the High Court that it has issued a fresh technical circular on October 11 in this context. The High Court disposed off the petition on October 14 noting that the direction has been complied with and directed the ED to put up this October 11 circular on its website and X handle.
Officers should ensure person summoned is taken up for examination on appointed time and date: ED circular
The ED, in its circular said that it is expected from the “authorized officer that he shall be well prepared with copies of documents to be confronted as well as questionnaire to examine the person summoned at appointed date and time. The Authorized Officer while fixing the date and time of the compliance of the summons should ensure that the person so summoned is taken up for examination on appointed time and date without keeping him waiting for hours.”
The ED further said that considering the nature of offence of money laundering where a person is able to dissipate, transfer or conceal the proceed of crime or destroy digital evidence within shortest period of time through online instructions using mobile phone or other digital media, the investigating officer shall endeavour to conclude the examination of the person summoned expeditiously, ideally on the same day or the following day.
Efforts should be made to record statement during earthly hours rather than stretching it too late at night: ED circular
“This approach may minimize the opportunity to the person summoned either to transfer or conceal proceeds of crime or to fabricate make believe and concocted explanations,” the circular said and added, “However, efforts should be made to record statement of person summoned during earthly hours Le. during office hours rather than stretching it too late at night.
Examination of senior citizens, persons with serious medical condition should be restricted to earthly hours: ED circular
In cases of senior citizens, the ED said in its circular that individuals with serious medical condition or individuals who are sick or infirm (subject to verification of medical records or condition), examination of such person should be restricted to earthly hours and it would be appropriate to adjourn the examination to next date or any other mutually agreed date as a matter of practice.
“However, in exceptional circumstances, for example, where authorized officer has credible information/ material that the person if allowed to leave without completion of examination will either alienate proceeds of crime or destroy evidence or past conduct of person summoned or abscond or may not join investigation, etc., the authorized officer may record the statement beyond earthly hours after recording such reason on case file and taking approval of Deputy/ Joint/ Additional Director concerned,” the ED said in its circular.
