Sleepy is a human Necessity

On Monday, the Bombay High Court strongly criticized the Enforcement Directorate (ED) for interrogating an individual until 3:30 am in an alleged money laundering case, asserting that the right to sleep is a fundamental human necessity that must be respected.

Although the High Court rejected a challenge to an arrest, it condemned the prolonged questioning of the petitioner during late hours.

In response to the petitioner's argument regarding consent, HS Venegaonkar, counsel for the ED, argued that consent is irrelevant when considering the deprivation of sleep, which is a basic human right.

The High Court vehemently opposed the practice of recording statements late at night, stating that it violates the human rights of individuals.

The court emphasized that agencies should record statements of accused individuals during reasonable hours to prevent impairing their cognitive functions. While these statements may serve as evidence, the High Court emphasized that summonses under section 50 of the PMLA are issued to individuals who are also witnesses, and the ED has yet to provide substantial grounds to believe that the person is guilty of an offense punishable under this Act.

The High Court scheduled compliance for September 9, highlighting the significance of upholding fundamental human rights, including the right to sleep.

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