Bombay High Court upholds Right to Sleep: Fundamental human right affirmed

The Bombay High Court affirmed that the right to sleep is a fundamental human need, criticizing the Enforcement Directorate's (ED) practice of summoning individuals for statements during late hours. The bench emphasized that depriving someone of sleep violates their human rights, a sentiment echoed in their order.

Right to Sleep acknowledged

The bench, comprising Justices Revati Mohite-Dere and Manjusha Deshpande, ruled on a petition filed by 64-year-old Ram Kotumal Issrani from Gandhidham. The petition challenged the legality of Issrani's arrest, highlighting the circumstances of his interrogation by the ED.

Advocates representing Issrani argued that on August 7, 2023, he was subjected to questioning from 10:30 pm until 3 am, without regard for his health or rights. They emphasized that Issrani's right to sleep, a component of the right to life under Article 21 of the Constitution, was violated during this process. The court noted that lack of sleep can impact health and cognitive abilities, making it a crucial human right.

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Agency practices questioned

The court expressed disapproval of the ED's practice of recording statements at "unearthly hours," stating that such practices result in deprivation of sleep, a basic human need. The bench emphasized that statements should be recorded during reasonable hours, respecting an individual's right to rest. Advocates for the agency defended their actions, stating that Issrani had no objections to the delayed statement recording.

While rejecting the claim of illegal arrest, the court noted the manner in which Issrani was detained overnight for questioning. The bench emphasized that at the time of summons, the agency has yet to establish guilt, and individuals summoned should not be deprived of their basic right to sleep. The matter was adjourned for compliance on September 9.

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