Seeking release of petitioner - Right to Sleep - The High Court ...

Court Upholds Arrest, Urges Guidelines for Late-Night Statements to Protect Right to Sleep Under PMLA.

April 17, 2024

Case Laws     Money Laundering     HC

Seeking release of petitioner - Right to Sleep - The High Court found that the petitioner was not detained when he entered the Enforcement Directorate (ED) office under Section 50 summons of the PMLA. The arrest was deemed legal as per Section 19 of the PMLA, and the petitioner was produced before the Special Court within 24 hours. - While acknowledging the importance of the right to sleep, the Court noted that the petitioner's statement was recorded voluntarily, albeit at an inconvenient hour. The Court deprecated the practice of recording statements post-midnight and directed the ED to issue guidelines for the timing of statement recordings under Section 50 of the PMLA.

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