ED asks sleuths to issue summons diligently

Image
Press Trust of India New Delhi
Last Updated : Dec 29 2013 | 3:00 PM IST
With instances of investigating officers intimidating the accused and using coercive techniques while probing financial crimes and money laundering cases, the Enforcement Directorate has asked its sleuths to mandatorily maintain a count of all summons issued with a recorded justification for dispatching such legal warrants.
The agency, which is probing some major financial scams in the country, has abolished more than decade-old directions notified in this regard for issuance of summons to individuals and corporates under the stringent provisions of Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA).
The strong legal provisions of PMLA can be gauged by the fact that once booked under this law, the onus of proving not guilty is on the accused.
The new directives, which include keeping the summons book under a serial number protocol and recording reasons for summoning someone, were issued sometime back by the ED headquarters after agency Director Rajan Katoch stumbled upon existing lacunaes in issuance of summons and reported instances of arm-twisting of parties in question.
"This has happened for the first time that there are as many as eight stages to be cleared and checked by an IO before summoning an accused or a witness in a money laundering or foreign exchange contraventions case.The new orders will surely act to reduce instances of corruption and allegations of high-handedness on the agency and its sleuths," sources privy to the development said.
The new directives, accessed by PTI, mandate the IO to explicitly state on the summons whether they have been issued "to record the statement of the person or to furnish documents only".
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Dec 29 2013 | 3:00 PM IST

Next Story