Strap: As per Section 37(3) of the PMLA Act, challenging ED summonses directly in court is not permissible. However, Section 26 of grants the affected individual the right to appeal against ED summonses at the Appellate Authority within 45 days from the date of issuance.
At present, the Enforcement Directorate (ED) commands attention in the media spotlight. The focus today revolves around the summons at Jharkhand Chief Minister Hemant Soren and Delhi Chief Minister Arvind Kejriwal. Hemant Soren has received seven summonses from the ED, while Delhi Chief Minister Arvind Kejriwal is on the verge of receiving his fourth.
Today’s discussion delves into the rights available to those affected by ED’s repeated summonses. Can affected individuals seek relief from a court or appellate authority against these summonses?
As per Section 37(3) of the PMLA Act, challenging ED summonses directly in court is not permissible. Legally, the act of summoning and questioning an individual—be it a person of prominence or an ordinary citizen—does not designate them as a criminal.
Hence, the legal perspective maintains that the mere act of questioning through summons doesn’t infringe upon an individual’s human rights, thus making ED summonses non-challengeable. The individual summoned must adhere to the scheduled appearance before the ED.
Under the PMLA provisions, if deemed necessary based on received information, the ED officials hold the authority to arrest a person without a warrant. If evidences are available, the person can be arrested even without an FIR being filed by the ED.
However, a crucial provision offers substantial relief to those affected by ED summonses. Section 26 of the PMLA Act grants the affected individual the right to appeal against ED summonses within 45 days at the Appellate Authority from the date of issuance.
In case of dissatisfaction with the Appellate Authority’s decision, Section 42 permits affected person to file an appeal in the High Court of the respective state against that decision with in 60 days.
When the ED continues issuing summonses without effecting arrests and the summoned individual fails to appear without a valid reason, what legal recourse can the ED pursue?
Should the ED be unable to secure the targeted person’s presence despite repeated summonses, it can procure a non-bailable warrant against the individual from the concerned court. Obtaining such a warrant implies that the ED considers the person a significant piece of evidence or a suspect in a specific case.
Importantly, the affected person cannot compel the ED to disclose the rationale behind the summonses.
