ED cautions officials against questioning suspects during unearthly hours

New Delhi: Senior citizens and sick suspects in money laundering cases would no more be subjected to questioning by the Enforcement Directorate during unearthly hours or past midnight, the federal agency said on Tuesday.

The decision is aimed at countering criticism that the agency’s efforts to question suspects often cause harassment due to odd timing and long grilling sessions.

The ED, in a fresh set of guidelines, has directed its Investigating Officer to try and conclude the examination of the person summoned expeditiously, ideally on the same day or the following day.

“This approach may minimise the opportunity to the person summoned either to transfer or conceal proceeds of crime or to fabricate concocted explanations. However, efforts should be made to record the statement of a person summoned during earthly hours or during office hours rather than stretching it too late at night,” the ED said.

In cases of senior citizens, individuals with serious medical conditions 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, said a statement quoting the new ED guidelines mentioned in a circular.

The ED explained that the guidelines were issued on the direction of the Bombay High Court’s direction dated April 15.

During the hearing of a case, the HC directed the ED to issue circular/directions, as to the timings, for recording the statements under section 50 of PMLA.

While cautioning investigating officers to avoid putting suspects to inconvenience, the new guidelines also offer them some freedom in exceptional cases.

“In exceptional circumstances, where authorised 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,” said the circular.