Chennai: Madras High Court on Tuesday reserved its verdict on an appeal filed by Nalini Chidambaram in Saradha scam case challenging the order of a single judge of the high court.
When the appeal came up for hearing before the division bench comprising Justices M.M. Sundresh and Anand Venkatesh on Tuesday, the bench said Nalini need not appear till the pronouncement of the orders on appeal before Enforcement Directorate. Nalini has been directed to appear before ED at Kolkata on Wednesday.
Senior counsel KTS Tulsi has appeared on behalf of Nalini Chidambaram and Additional Solicitor General G. Rajagopalan assisted by G. Hema, special public prosecutor for Enforcement Directorate.
KTS Tulsi submitted that section 160 of Cr.Pc applies to all women and it did not distinguish as described by single judge justice S.M. Subramaniam in his order earlier. The petitioner being a woman need not appear before the authorities in Kolkata. Therefore, Section 160 of Cr.Pc is inconsistent with Prevention of Money Laundry Act and it would apply in this case, KTS Tulsi said.
Senior counsel also said that it is purely political vendetta as no other advocates who appeared in the Saradha scam case were summoned and only Nalini Chidambaram was directed to appear before the ED.
Additional solicitor general G. Rajagopalan submitted that the Prevention of Money Laundering Act, 2002 has to read in holistic manner. Sections 52, 50(2) (3) and 71 of the Act have the overriding effect and makes it clear that section 160 of Cr.Pc is not applicable under PMLA.
Nalini has not been arrayed as accused or witness. She is being called only to explain the documents submitted by her legal representative in person, he added.
