Showdown imminent as ED declares Jharkhand cabinet decision on summons as illegal
SUMAN K SHRIVASTAVA Ranchi, January 17: The Enforcement Directorate (ED) today said that its power under Public Money Laundering Act (PMLA)…
SUMAN K SHRIVASTAVA
Ranchi, January 17: The Enforcement Directorate (ED) today said that its power under Public Money Laundering Act (PMLA) is not subject to any circular/administrative order/internal instructions issued by the State Government.
Replying to Cabinet Secretary Vandana Dadel’s letter seeking information about the summons issued to some of the state government officials, including Sahibganj DC Ram Niwas Yadav and SP Naushad Alam, the ED has said the PMLA does not allow any other person who has not been issued summons to get involved in the compliance of summons by the person whom the summons have been issued.
“Any such order or administrative instruction is not applicable or binding on the ED who derives its powers to investigate offence of money laundering under the provisions of PML A, an Act enacted by the Parliament of India,” it said.
Apparently referring to the Jharkhand Cabinet decision making it mandatory for state officials summoned to inform the cabinet department which will take a call on the summonses or the notices after obtaining legal advice, the ED said that the unwarranted instructions/directions issued to a person summoned under Section 50 (2) of PMLA are clearly intended to achieve two oblique objectives, one to seek the confidential information about the ongoing sensitive investigation under the PMLA and second to encourage or coerce persons to disobey as well as to make them submit tailormade information as approved by the official of the State Government to influence the investigation in particular manner.
The ED has described the move as an abetment to such offence by a person who’s making such illegal attempt\effort.
It has said that if any attempt is made to influence investigation by either coercing or influencing a person summoned under Section 50 (2) of PMLA to give statement or to file document in a particular manner, it will not hesitate to file appropriate proceedings against all concerned which may also include filing of appropriate criminal proceedings for impeding lawful investigation, obstructing public servants from discharging their duties and also with respect to abetting or conspiring to abet the offence of disobedience of summons which is/are punishable offence/ s under IPC.
Summons as an accused or a witness?
The ED has also clarified the question being often raised on whether a particular person was summoned as an accused or witness.
The agency says the money laundering act empowers it to issue summons to any person whose attendance it considers necessary whether to give evidence or to produce any records during the course of any investigation or proceedings under the PMLA.
“And the persons summoned are bound to attend and state the truth upon any subject in respect of which they are examined or statements, and produce such documents as may be required,” the ED letter said.
The agency has also asked the Cabinet secretary to name the authority to write this letter to the Investigating officer to obtain sensitive information about ongoing investigation as well as informing him that person summoned under Section 50 (2) of the PMLA shall submit information and give statement on the instructions of other officers of the state government.
