ED can Conduct Questioning through VC, no Custody: New Delhi Court

The New Delhi Patiala House Court has ruled that the Directorate of Enforcement (ED) can conduct questioning of individuals through video conferencing, eliminating the need for physical custody. This decision came in response to an application seeking the cancellation of anticipatory bail granted to Vaibhav Dipak Shah, involved in a case under the Prevention of Money Laundering Act (PMLA). The court found that Shah’s inability to return to India was due to a travel ban imposed by a Dubai court, making his physical appearance impossible. The court emphasized that the principle “Lex non cogit ad impossibilia” (the law does not compel the doing of the impossible) applied, as Shah was legally unable to return. This ruling sets a precedent for using video conferencing in investigations, balancing thorough investigation needs with protecting individual rights.