Gold Smuggling Case-Kerala High Court Dismisses CM Raveendran's Plea Challenging Summons By Enforcement Directorate

The Kerala High Court has dismissed the writ petition filed by CM Raveendran, Additional Private Secretary to the Chief Minister of Kerala, challenging the summons issued by the Enforcement Directorate.

"Having commenced an investigation or proceeding, ED cannot be expected to wait indefinitely to suit the petitioner's convenience. It is not for this Court to monitor the investigation and to decide the venue, the timings, the questions and the manner of questioning", Justice VG Arun observed. 

Raveendran had approached the High Court challenging the summons issued by ED under Section 50 of the Prevention of Money Laundering Act, 2002. He submitted that, on his appearance in response to the summons, he will be restrained for long hours and coerced into giving statements against his will. He also sought a direction to ED to refrain from detaining the petitioner beyond reasonable time and to permit the presence of a legal practitioner during questioning.

In response to this plea, Additional Solicitor General SV Raju submitted that the writ petition is liable to be dismissed as premature since, mere issuance of summons under Section 50 of the Act does not give rise to any cause of action.

A person issued with summons is bound to attend in person or through authorised agents, as the officer issuing the summons directs, and is bound to state the truth upon any subject respecting which he is examined or makes statements and to produce such documents as may be required, the court said agreeing with ASG's contention.

The court further observed that no cause of action arises merely for reason of a person being called upon to state the truth or to make statements and produce documents. The court also rejected the contention that the cause of action is based on the repeated summoning of the petitioner in spite of his illness, which gave rise to the reasonable apprehension that the petitioner will be forced to give statements against his will.

Case: CM Raveendran vs. Union of India [ WP(C).No.28049 OF 2020(E) ]
Coram: Justice VG Arun
Counsel: Sr. Adv B. Raman Pillai, ASG SV Raju

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