The Bombay High Court, presided over by Justices Revati Mohite-Dere and Manjusha Deshpande, issued a significant directive emphasizing the fundamental importance of the right to sleep as a basic human requirement, particularly within the context of legal proceedings. The court’s ruling came in response to a petition filed by Gandhidham resident Ram Kotumal Issrani, challenging the legality of his arrest by the Enforcement Directorate (ED).
In its order, the bench directed the ED to establish guidelines for maintaining “earthly timings” when recording statements, specifically in cases involving summonses under the Prevention of Money Laundering Act (PMLA). The court underscored that the deprivation of sleep constitutes a violation of an individual’s human rights and must be addressed accordingly.
Advocates Vijay Aggarwal, Ayush Jindal, and Yash Wardhan Tiwari, representing Issrani, highlighted the circumstances surrounding his interrogation by the ED, wherein his statement was recorded from 10:30 PM to 3 AM. They argued that this prolonged interrogation deprived Issrani of his right to sleep, which is inherent in the right to life guaranteed under Article 21 of the Constitution.
The bench concurred with this argument, stating that recording statements during unearthly hours not only violates an individual’s right to sleep but also poses risks to their health and cognitive abilities. The court emphasized that statements must be recorded during reasonable hours to safeguard individuals’ basic human rights.
While the court rejected Aggarwal’s contention of illegal arrest, it noted the manner in which Issrani was detained overnight for interrogation, regardless of whether it was voluntary or not. The directive serves as a significant reminder of the judiciary’s commitment to upholding fundamental human rights, even within the realm of legal proceedings.
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