MANEESH. E.P Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Dated this the 6th day of January, 2021 This writ petition petition was filed on the petitioners being issued with summons under Section 50 of the Prevention of Money Laundering Act, 2002, requiring them to appear before the fourth respondent, in connection with the investigation of F.No.ECIR/KZSZO/05/2020/536. The prayers in the writ petition is (i) to direct the respondents to abstain from harassing, threatening or coercing the petitioners during questioning, (ii) to permit the presence of a legal practitioner, (iii) to limit the questioning time between 9.30 a.m and 4.30 p.m and (iv) to direct the respondents to provide copies of the statements taken from them. The reason for approaching this Court is stated to be W.P.(C) No. 24890 of 2020 the petitioners' apprehension due to the manner in which Ms.Swapna E.P, sister of the first petitioner and daughter of the second petitioner, was questioned and her statement recorded under threat and coercion.

(2.) The fourth respondent has filed counter affidavit refuting the allegation that Swapna E.P was harassed during questioning and coerced into giving statement against her will. It is stated that the apprehensions of the petitioners are misplaced and the allegation, misconceived. That, the presence of legal practitioners cannot be permitted during questioning. It is contended that a writ petition under Article 226 against the summons issued under Section 50 of the Act, cannot be entertained.

(3.) In their reply affidavit, the petitioners have stated that pending the writ petition, they appeared before the fourth respondent. But, contrary to the assurance given before this Court, the fourth respondent and his colleagues threatened the petitioners during questioning and had forced them to give statements against their will. This allegation was stoutly refuted in the additional counter affidavit filed by the fourth respondent. Thereupon, the petitioners sought to amend the writ petition, incorporating an additional prayer that, guidelines should be laid down regarding the procedure to be followed when petitioners or similarly placed persons summoned under Section 50 of the Act, appear before the investigating officers.