Case Law Details
Nalini Chidambaram Vs Directorate of Enforcement (Madras High Court)
It is an admitted fact that initially the appellant was permitted to appear through the authorised agent. The impugned notice was issued on finding certain new facts and contradiction in the statements given, which could not be satisfactorily explained by the authorised agent. The appellant has been rendering a professional service by travelling extensively throughout the country. While doing so, the question of determination of sex did not stand in any way. However, for appearing before an authority, which is mandated by law, she seeks protective discrimination as a woman. A legal profession stands apart on its own. In discharge of a professional duty, there is no difference between a man and woman. The summons were issued to the appellant in her discharge and capacity as a professional and not otherwise. It is clear from reading of Section 160 of the Code of Criminal Procedure, certainly, the fair construction principle as discussed supra would apply. This Court is unable to see any demon in the summons issued at this stage. There is no need to speculate. Neither a likelihood of bias nor malice can be seen through the summons issued. The appellant did not choose to challenge the summons earlier. She did rightly appear through the authorised agent. Issues have been raised only when the second respondent had asked her to appear in person.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
A Senior Lawyer of repute rendering professional service across the country is the appellant. Challenge is made to the summons issued under Sections 50(2) and 3 of the Prevention of Money-Laundering Act, 2002 seeking umbrage under Section 160 of the Code of Criminal Procedure, 1973, among other grounds. Incidentally she has also sought for other prayers. On the dismissal of the writ petitions, the present writ appeals are before us.
2. Since the core facts required for the disposal of the writ appeals are undisputed, narration at length by the learned single Judge does not require to be reiterated except to the extent required. Thus, the primary facts are taken as such from the recording made in the orders under challenge.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
