Enforcement Directorate (ED) officials arrive at the residence of Jharkhand Chief Minister Hemant Soren for his questioning in a money laundering case linked to an alleged land scam, in Ranchi, Saturday, January 20, 2024.
Credit: PTI Photo
Many political leaders have in the recent past skipped Enforcement Directorate (ED) summons. The notables names include Delhi Chief Minister Arvind Kejriwal, who has skipped ED summonses in the excise policy case four times now, and his Jharkhand counterpart Hemant Soren, who skipped seven summonses in the alleged land scam case. The ED officials, however, interrogated Soren at his residence on Saturday.
The question now arises is can one skip ED summons? Let's dig deeper!
A Times Of India report states that while the ED has powers to summon anyone during the course of an investigation or proceedings under PMLA Act, the Clause 3 of Section 50 under the act says that all persons summoned "shall be bound to attend in person or through authorised agents..."
It further states the person summoned is "bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents as may be required".
Further, every statement made under this act is considered an oath before a court.
So, what happens if a person refuses to appear before the ED?
Skipping a summons, whether repeatedly or once, is viewed as non-cooperation and being evasive on part of the individual. This may not automatically lead to an arrest, but can be considered a ground for it, says the TOI report.
The ED can proceed with the arrest without any summons if it has enough ground to tell the courts during remand why it was essential, the report further said. This is especially seen in cases where there are concerns regarding the tampering of the evidence or intimidation of key witnesses by the accused if not taken into custody.
The person has the option to make representation through an authorised representative, if specified in the summons. Otherwise, it is mandatory to to appear in person.