Bank Fraud Case: Supreme Court questions ED for interrogating an accused during the wee hours

On June 04, 2024 (yesterday), the Supreme Court (SC) vacation bench constituting Justice KV Viswanathan and Justice Prashant Kumar Mishra questioned the ED (Enforcement Directorate) for interrogating an accused during the wee hours. The bench was hearing a plea filed by a 64-year-old businessman, Ram Issrani, challenging the legality of the ED’s arrest that summoned him for interrogation late at night and arrested the next morning during wee hours (3:30 am) while in confinement by the authorities. He was arrested in connection with a bank fraud case (money laundering). Justice Viswanathan said, “On the other side, without going to merits, what is this happening? You call him at 10:30 AM then we are ok with it, but you are doing it at 3:30 AM. How is this going on? We are not on merits but this is on general perspective.” In this case, the primary question was whether the moment the authorities confine a person’s liberty, it could be deemed as an official arrest, irrespective of the time recorded in the arrest memo. The origin of this challenge arose after the Bombay High Court’s order upholding the legality of such an arrest. During the proceedings (yesterday), the learned counsel appearing for the petitioner sought interim bail. After hearing the contentions, the top court refused to grant any relief and asked the counsel to argue the matter. Furthermore, the bench adjourned the hearing till July 2024.