Businessman Deepak Kochhar has petitioned the Bombay High Court to limit SFIO interrogations to office hours, following a lengthy questioning session in the Videocon-ICICI loan fraud case. The court granted interim relief, preventing coercive action and citing a recent ED circular advising similar guidelines. Kochhar’s plea underscores the importance of respecting basic rights during investigations.
Mumbai: Businessman Deepak Kochhar, husband of former ICICI Bank Chief Chanda Kochhar, has filed a petition urging the Bombay High Court to direct the Serious Fraud Investigation Office (SFIO) to conduct interrogations strictly within office hours. His plea comes after a recent Enforcement Directorate (ED) circular, which mandates that questioning under the Prevention of Money Laundering Act (PMLA) should take place only during regular office hours.
Kochhar’s request to the court follows an intensive, nearly 12-hour interrogation session on October 22, which lasted from 10 AM to 10:45 PM. The Videocon-ICICI loan fraud case investigation, launched by the government in July 2021, is examining Videocon Industries and 12 associated companies, following allegations of a high-value loan exceeding ₹3,200 crores provided by ICICI Bank while Chanda Kochhar was the Managing Director and Chief Executive Officer.
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In his plea, Kochhar highlighted concerns over lengthy questioning sessions that exceed office hours, raising issues over treatment during his previous interrogation. Senior Advocate Amit Desai, appearing on Kochhar’s behalf, argued that prolonged questioning breaches Kochhar’s rights, especially as a senior citizen. Desai insisted that SFIO officers should also conduct questioning within designated hours, similar to ED’s internal directive to uphold individuals’ basic rights, including the right to rest and dignity during investigations.
Following a brief hearing on October 25, Justices Revati Mohite Dere and Rohit Wasudeo Joshi of the Bombay High Court issued interim relief to Kochhar, ordering that no coercive actions be taken against him. This decision followed an SFIO assurance that Kochhar’s further questioning would not exceed regular working hours. His next hearing is scheduled for November 13.
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Kochhar’s legal team, consisting of Senior Advocate Amit Desai and attorneys from Rashmikant and Partners, underscored the precedent set by ED’s recent circular. The ED directive on October 11 emphasized that individuals summoned under PMLA should have their statements recorded during office hours to respect the “right to sleep.” Kochhar’s appeal suggests that similar guidelines be extended to SFIO officers, emphasizing the need for uniform respect for these rights across investigative agencies.
In response, SFIO Special Public Prosecutor Manisha Jagtap noted that while she could not comment on potential coercive actions, SFIO assured the Court that all future questioning would stay within office hours.
Read the Circular here:
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