Chennai: The Enforcement Directorate cannot summon Nalini Chidambaram, wife of former Union finance minister P. Chidambaram for her personal appearance in connection with Saradha chit fund scam since there is legislative protection under section 160 Cr.P.C. prohibiting summoning woman for inquiry out of their place of residence.
Senior counsel Satish Parasaran, appearing for Nalini Chidambaram made the above submission when the vacate stay petition filed by ED came up for hearing on Friday before Justice S.M. Subramaniam.
Pointing out that in spite of a statutory prohibition to summon woman and men below 15 years and above 65 years to appear for inquiry out of their place of residence, the ED has issued the summons to her. Section 160 Cr.P.C clearly says that woman cannot be summoned out of their place of residence for any inquiry. The provision applies to proceedings under the Prevention of Money Laundering Act (PMLA) also so far as it was not inconsistent with the provisions of PMLA, he added.
He said Nalini Chidambaram had already submitted all the required documents and statements as required by the ED through an authorised person. Vehemently opposing the same, Additional solicitor general G. Rajagopalan submitted that the provisions of PMLA empower ED to summon any person. No provision of the Act requires authorities to comply with section 160 Cr.P.C. The PMLA has overriding powers over inconsistent statues, he added.
When the judge said if every woman in the country seeks protection under section 160 Cr.P.C, will it be practically possible for the agencies to go to every one of their locations to get statements, Satish Parasaran said if it was not possible the law has to be amended, which was for the Parliament to decide. As the parliament has considered a woman, children and senior citizens as vulnerable, a policy protection has been given under section 160 Cr.P.C, he added. The judge posted to April 17, further hearing of the case.
