The Bombay High Court has underscored the importance of the right to sleep as a fundamental human need, ruling that depriving individuals of this right violates their basic human rights.
In a recent case, the court directed the Enforcement Directorate (ED) to maintain reasonable timings for recording statements under the Prevention of Money Laundering Act (PMLA), emphasising the need to respect individuals' biological rhythms.
The bench of Justices Revati Mohite-Dere and Manjusha Deshpande emphasised that sleep deprivation constitutes a violation of the right to life enshrined in Article 21 of the Constitution. The court's directive came in response to a petition filed by a 64-year-old individual challenging the legality of his arrest by the ED.
According to the petitioner's counsel, the individual was subjected to interrogation throughout the night, with his statement being recorded from 10:30 pm to 3 am. This prolonged interrogation not only infringed upon his right to sleep but also posed risks to his health, given his medical conditions.
While the agency argued that the individual had no objection to the delayed recording of his statement, the court expressed disapproval of the practice of recording statements at unearthly hours. It highlighted the adverse effects of sleep deprivation on an individual's physical and mental well-being, including impairment of cognitive functions.
The court stressed that summoning individuals for questioning does not imply a presumption of guilt, and investigative agencies must respect their rights, including the right to sleep. It emphasised the need for statements to be recorded during reasonable hours to ensure individuals' well-being and cognitive abilities are not compromised.
Although the court rejected the petitioner's claim of illegal arrest, it took note of the circumstances surrounding the overnight interrogation. It urged investigative agencies to exercise discretion and sensitivity in summoning individuals, particularly considering their age and health conditions.
The Bombay High Court's ruling underscores the significance of respecting individuals' fundamental rights, including the right to sleep, in the context of law enforcement activities. It serves as a reminder to investigative agencies to conduct their proceedings with due regard for human dignity and well-being.
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