A directive from the Division Bench of the Bombay High Court in the case of Ram Kotumal Issrani v. Directorate of Enforcement, highlighted procedural guidelines for recording statements under Section 50 of the Prevention of Money Laundering Act ( PMLA ). This directive was issued to ensure that the Enforcement Directorate ( ED ) conducts its operations fairly, efficiently, and in a manner that respects individual rights while also safeguarding the integrity of ongoing investigations.
As a result of the above instruction, the Directorate has issued detailed internal guidelines for the officers, indicating the timings of recording such statements. Paragraph 18 of the circular deals with the timing of recording statements under Section 50 of PMLA.
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It is mentioned in paragraph 18 that the authorized officers should be well-prepared with necessary documents and questions before beginning the examination. And this helps the officers to conduct the proceedings smoothly without wasting time on making the questions during the examination. The guidelines also direct the officers to not keep the persons waiting for hours, as their time should be valued and thus should be appointed with a certain time and date.
The Court’s guidance encourages officers to conduct examinations during ‘earthly hours,’ balacing with standard office hours, to avoid unreasonable late-night questioning. For senior citizens, individuals with medical conditions, or other vulnerable persons, the guidelines direct that examinations be conducted exclusively during these hours, ensuring a compassionate approach that respects personal health and wellbeing.
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But in the offence of money laundering where a person is able to dissipate, transfer or conceal the proceed of crime or destroy digital evidence within shortest period of time through online media, the Investigating Officer shall conclude the examination of the person summoned promtly, on the same day or the next day.
While the guidelines generally limit questioning to office hours, they also allow officers to work beyond these hours under exceptional circumstances. If there is credible information suggesting that a suspect may conceal assets, destroy evidence, or abscond, the authorized officer can conduct examinations beyond normal hours, provided they record the reasons and obtain prior approval from higher authorities.
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Thus, the above-mentioned guidelines mark a progressive change in protecting the rights of individuals during the examination as well as direct the officers regarding the efficient use of time.
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