Persons summoned by ED bound to attend in person or through agent: Supreme Court

The Supreme Court on Monday said that a person summoned by the Enforcement Directorate (ED) under Section 50 of the Prevention of Money Laundering Act (PMLA) is bound to appear before the agency in person or through an authorised agent. .A Bench of Justices Bela M Trivedi and Satish Chandra Sharma said that the person summoned is also expected to make statement and produce documents as may be required in accordance with sub- section (3) of Section 50 of the PMLA."As contemplated in the sub-section (3) of Section 50, all the persons summoned are bound to attend in person or through authorized agents as the officer may direct and are bound to state the truth upon any subject respecting which they are examined or make statements, and to produce the documents as may be required. As per sub-section (4) thereof every proceeding under sub-sections (2) and (3) is deemed to be a Judicial proceeding within the meaning of Section 193 and Section 228 of the IPC," the Court added.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 Court also said that as per Section 63 (4) of the PMLA, a person who intentionally disobeys any direction issued under Section 50 is liable to be proceeded against under Section 174 of the IPC.It made the observation while rejecting the petitions moved by Trinamool Congress (TMC) leader Abhishek Banerjee and his wife Rujira Banerjee against the summons directing them to appear before the ED in Delhi in a money laundering case..Pertinently, a Bench headed by Justice Trivedi had in February this year observed in another case that prima facie, a person summoned under Section 50 of the PMLA is required to respect and respond to the summons issued by the ED during a money laundering probe.The Court was then 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 ED has previously filed criminal complaints under Section 174 of the IPC against Delhi Chief Minister Arvind Kejriwal, Rujira Banerjee and Jharkhand Chief Minister Hemant Soren for not adhering to the summons issued to them under the PMLA..[Read Judgment]