Ker HC | Mere issuance of summon under S. 50(2) of PMLA 2002, to state the truth or make statements does not infringe the right of anyone: No cause of action arise under Art. 226 

Kerala High Court: V. G. Arun, J., dismissed the instant petition filed by the petitioner, the Additional Private Secretary to the Chief Minister of Kerala, seeking to restrain the Enforcement Directorate (ED) from detaining the petitioner beyond reasonable time and to permit the presence of a legal practitioner during questioning.

The petitioner contended that are such that, repeated summons were issued to him in spite of his ailments and weak physical condition, which speaks volumes about the arbitrariness and mala fides behind the actions of ED. The petitioner apprehends that he will be detained for long hours and made to give statements against his will. It was submitted that having recently recovered from Covid-19 the continuous interrogation for long hours would have an adverse impact on the already weak health condition of the petitioner. The counsel for the petitioner further submitted that the petition is not against the power of ED to issue the summons, but against the injudicious manner in which the power is being exercised.

Additional Solicitor General, S.V. Raju, on behalf of respondent questioned the maintainability of the petition. It was contended that the writ petition is liable to be dismissed as premature since, the mere issuance of summons under Section 50 of the Prevention of Money Laundering Act, 2002 does not give rise to any cause of action. The respondent relied on Commissioner of Customs, Calcutta v. M.M.Exports, (2010) 15 SCC 647, wherein the Supreme Court had cautioned that, as far as possible, High Courts should not interfere at the stage when the Department has issued the summons.

The Court disposed of the petition, reiterating the Supreme Court’s decision in Kirit Shrimankar v. Union of India, 2014 SCC OnLine SC 1614, that no cause of action arises merely for the reason of a person being called upon to state the truth or to make statements and produce documents. The Court further relied on Dukhishyam Benupani, Assistant Director, Enforcement Directorate v. Arun Kumar Bajoria, (1998)1 SCC 52, where the Supreme Court held that it is not for this Court to monitor the investigation and to decide the venue, the timings, the questions and the manner of questioning. [C.M.Raveendran v. Union of India, WP(C) No. 28049 of 2020(E), decided on 17-02-020]