No relief for PC wife from ED appearance
TIMES NEWS NETWORK 25.04.2018
Chennai: In a major setback to former Union minister P Chidambaram’s wife and senior advocate Nalini Chidambaram, the Madras high court on Tuesday dismissed her plea challenging the summons issued by the Enforcement Directorate in connection with the Saradha chit fund scam.
Rejecting her primary contention that women are protected under section 160 of CrPC against such summons seeking their appearance outside their place of residence, Justice S M Subramaniam said, “By citing the general provisions of section 160, the petitioner cannot seek absolute exemption from personal appearance in the investigation process.”
The judge said, “In the present case, the ED was of the opinion that certain financial transactions had to be explained by the petitioner in person. When such an opinion is formed by the investigating authorities, the petitioner cannot say that personal appearance cannot be insisted upon.”
‘Laundering hitting growth of the nation’
The court expects that senior advocates like the petitioner do not shy away from cooperating in the investigation of offences committed under the provisions of the Prevention of Money Laundering Act, the judge said, adding that offences of money laundering are affecting the economic growth of the nation and the alleged laundering in the present case runs to several thousand crores.
As to the submission that protection under section 160 has been provided to women since they were considered to be vulnerable, the court said, “This court is aware of the fact that in certain circumstances, women in this country are vulnerable. But this is not the case in all circumstances in all areas. Women are now standing on par with men in all walks of life.”
Justice Subramaniam then directed the ED to issue a fresh summons, fix a date for the purpose of continuing the investigation and proceed with the same in accordance with the law.
TIMES NEWS NETWORK 25.04.2018
Chennai: In a major setback to former Union minister P Chidambaram’s wife and senior advocate Nalini Chidambaram, the Madras high court on Tuesday dismissed her plea challenging the summons issued by the Enforcement Directorate in connection with the Saradha chit fund scam.
Rejecting her primary contention that women are protected under section 160 of CrPC against such summons seeking their appearance outside their place of residence, Justice S M Subramaniam said, “By citing the general provisions of section 160, the petitioner cannot seek absolute exemption from personal appearance in the investigation process.”
The judge said, “In the present case, the ED was of the opinion that certain financial transactions had to be explained by the petitioner in person. When such an opinion is formed by the investigating authorities, the petitioner cannot say that personal appearance cannot be insisted upon.”
‘Laundering hitting growth of the nation’
The court expects that senior advocates like the petitioner do not shy away from cooperating in the investigation of offences committed under the provisions of the Prevention of Money Laundering Act, the judge said, adding that offences of money laundering are affecting the economic growth of the nation and the alleged laundering in the present case runs to several thousand crores.
As to the submission that protection under section 160 has been provided to women since they were considered to be vulnerable, the court said, “This court is aware of the fact that in certain circumstances, women in this country are vulnerable. But this is not the case in all circumstances in all areas. Women are now standing on par with men in all walks of life.”
Justice Subramaniam then directed the ED to issue a fresh summons, fix a date for the purpose of continuing the investigation and proceed with the same in accordance with the law.
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