Nalini’s plea on ED summons dismissed

The Division Bench of Justice MM Sundresh and Justice Anand Venkatesh on noting that wide discretion rests on the authorities under the PMLA, 2002, to either personally summon a person or permit her authorised agent in connection with proceedings under the Act, said, “Once a satisfaction is arrived on the need to summon a person physically, the same has to be done to facilitate a smooth progress in the investigation process. Thus, a woman can certainly be called in a given case by an authority while exercising its discretion on relevant materials.” 

The summons in question had been issued by the ED in September 2016. Nalini had contended that the ED’s powers to summon witnesses were restricted by Section 160 of the CrPC, 1973. Section 160 provides inter alia that a woman cannot be required to attend an investigation at any place other than where she resides. However, the bench while dismissing the appeal also held, “There is no need to speculate. 

Neither a likelihood of bias nor malice can be seen through the summons issued. The appellant did not choose to challenge it earlier. She did rightly appear through the authorised agent. Issues have been raised only when ED had asked her to appear in person.”