ED can summon any person; those summoned expected to respect and respond: Supreme Court

The Supreme Court on Tuesday observed that prima facie, a person summoned under Section 50 of the Prevention of Money Laundering Act (PMLA) is required to respect and respond to the summons issued by the Enforcement Directorate (ED) during a money laundering probe..The bench of Justice Bela M Trivedi and Justice Pankaj Mithal emphasised that the person summoned must appear if called by the ED and produce evidence if needed in accordance with the proceedings under PMLA.“It is seen that ED can summon any person it seems necessary to produce evidence or give attendance during proceedings under the Act ... The ones issued summons are required to respect and respond to the said summons by ED,” the Court observed after examining the provisions of the PMLA..The court order states, "concerned officers as mentioned therein, have the power to summon any person whose attendance he considers necessary, either to give evidence or produce any record during the course of investigation or proceeding under the PMLA.".As per Section 50 of PMLA, ED officers have the power to summon any person whose attendance they consider necessary, whether to give evidence or to produce any records during any investigation or proceeding under the Act..The observations made by the top court today on this provision assume significance in view of the debate surrounding Delhi Chief Minister Arvind Kejriwal’s refusal to appear before the ED despite the issue of at least six summons to him in the Delhi liquor policy case. As a result, the ED has filed a complaint against Kejriwal before a Delhi Court. The Court on February 7 issued summons to Kejriwal on the central agency’s complaint..The observations in focus were made by the top court today while dealing with a plea by the ED against a Madras High Court order staying the summons issued to five of the district collectors in Tamil Nadu in connection with a probe into an alleged sand mining scam. The Tamil Nadu government had challenged the ED summons before the Madras High Court and a division bench of the High Court had stayed the summons.This interim order was challenged by the ED before the Supreme Court.Today, the Supreme Court lifted the stay and ordered the district collectors to appear before the ED in adherence to the summons issued to them..(Read Order)