​A recent ruling by a Mumbai sessions court has affirmed that an accused person’s decision to exercise their right to remain silent during interrogation does not constitute a breach of bail conditions. The case involved Sameer Haroon Merchant, who was arrested in March 2024 by the Directorate of Revenue Intelligence (DRI) on allegations of masterminding a gold smuggling syndicate. After being granted bail in April 2024, Merchant complied with the condition to appear before the DRI for the ongoing investigation. However, the DRI sought to cancel his bail, alleging non-cooperation due to his choice to remain silent during questioning. In rejecting the DRI’s plea, Additional Sessions Judge S.B. Pawar emphasized that the right to remain silent is protected under the Constitution, and merely opting to exercise this right cannot be considered a violation of bail terms.

Sources