SC slams ED's 'high-handedness', upholds arrest of ex-Haryana Congress MLA illegal

The Supreme Court has observed ED’s ‘high-handedness’ and ‘inhuman conduct’ during an almost 15-hour long interrogation of former Haryana Congress MLA Surender Panwar and upheld an order saying his arrest was illegal

The Supreme Court has observed ED's "high-handedness" and "inhuman conduct" during an almost 15-hour long interrogation of former Haryana Congress MLA Surender Panwar and upheld an order saying his arrest was illegal.

A Bench of Justices Abhay S. Oka and Augustine George Masih said it was an "inhuman conduct" on part of ED officers as the case was not related to some terror activity but of an alleged illegal sand mining.

"This is not the way to treat people in such a case. You have virtually forced a person to make a statement," it said.

Dismissing the Enforcement Directorate (ED)'s plea against the High Court order, the Bench held, "We are not inclined to interfere with the finding of the high court that the arrest of the respondent was illegal."

The High Court's findings, it said, were only for deciding whether Mr. Panwar's arrest was illegal.

"These findings will not affect the merits of the pending complaint under Section 44 of the Prevention of Money Laundering Act (PMLA), 2002," said the Bench in its order on December 2.

The court said the ED’s approach in conducting the probe was a "shocking state of affairs" where a person was virtually forced to make a statement.