Punjab: Special court pulled up for regular custodial interrogation

Punjab: The Punjab and Haryana High Court has reprimanded a special court in PMLA cases for functioning in a routine and formal manner and said that judicial officers should not work as an extended arm of the Enforcement Directorate (ED). While quashing the ED’s order to custodial interrogation of an accused and then sending him to judicial custody, Justice Mahabir Singh Sindhu said that the judicial officer has violated the rule of law. Justice Sindhu said, “The judicial officer, who is entrusted with the function of a special court under PMLA, should not work as an extended arm of the ED and pass remand orders against the suspect.” The bench was hearing a petition filed by Balwant Singh through advocate senior advocate Vikram Choudhary. In which advocates Keshavm Choudhary, Hargun Sandhu and Gaurav Kathuria had asked for quashing of the October 10 orders allowing custodial interrogation of him by the ED and sending him to four-day custody. Additional Solicitor General of India, appearing for the ED, said that an organisation called TCL fraudulently availed loan facility of Rs 46 crore by showing fake share capital and fake turnover. This amount was never used for the intended purposes but was diverted to the accounts of associate companies and shell companies. He said the petitioner had caused a “loss of Rs 41 crore” to the exchequer. Justice Sindhu ruled that the custodial interrogation authorised by the special court and the subsequent remand orders lacked coherence, logic and compliance with the provisions of law. “It appears that the special court has accepted the prayer of the ED in a routine manner and authorised custodial interrogation denying the beneficial protection available under Article 21 of the Constitution,” the bench said.