PMLA - Whether summons issued to petitioner under Section 50 of PMLA is violative of Constitutional protection under Article 20(3) - At stage of investigation, Petitioner cannot be called accused - Petition dismissed - HC

By Vijay Kumar

THE petitioner had challenged the summons issued to him by the Enforcement Directorate. The High Court held that it would be clear that when an ECIR is lodged with the Directorate of Enforcement there is no Magisterial intervention unlike an FIR and mere registration of ECIR against the suspects of offence under Section 3 of PMLA cannot go to mean that such persons are accused under Section 3 of PMLA. Consequently, the protection against testimonial compulsion as under Cr.P.C as well as under Article 20(3) of the Constitution of India, would not be available, as claimed by the petitioners.

The petitioner was represented by P. Chidambaram.

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