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ED Summons:
- The ED issued summons under the Prevention of Money Laundering Act (PMLA), which does not require specifying if the person summoned is an accused or a witness.
Legal Provisions for ED Summons:
- Summons are issued under Section 50 of the PMLA, granting the ED powers similar to a civil court for investigation purposes.
- Non-compliance with ED summons can lead to penalties and potential action under Section 174 of the Indian Penal Code, which includes a jail term and/or fine.
Implications of Non-Appearance:
- Arresting someone for non-compliance with ED summons is complex and unprecedented.
- The ED can seek non-bailable warrants, but this requires convincing the court of deliberate non-cooperation and involvement in the offense.
- Courts have ruled that ED’s power to issue summons does not include the power to arrest.
ED’s Power to Arrest:
- The PMLA does not allow arrest for non-cooperation alone.
- Arrests under the PMLA (Section 19) require the officer to have material possession indicating the person’s guilt in money laundering.
- The Delhi High Court clarified that the power to arrest under Section 19 is distinct from the power to issue summons under Section 50.
Court Interpretations:
- The Delhi High Court stated that ED cannot arrest based on whims and must have substantial reasons.
- It also noted that anticipatory bail can be sought by individuals apprehending arrest by the ED, even if not named as accused in the agency’s reports.
Why in News:
- Delhi Chief Minister Arvind Kejriwal refused to appear before the Enforcement Directorate (ED) for questioning, citing various reasons.
