These days ED summons are being sent to many people. Be it Delhi CM Kejriwal, Jharkhand Chief Minister Hemant Soren, Bihar Deputy Chief Minister Tejashwi Yadav or the farmers of Tamil Nadu. Many leaders have ignored ED summons several times. Now every time the word summons is coming up but do you know what it means and what happens if you disobey this summons. If not then let us know today.
What is summons?
There are many provisions regarding it in sections 61 to 70 of the Code of Criminal Procedure 1973. Which includes all the provisions from issuing the summons to serving it.
Under this, a summons issued in a judicial process informs the recipient that he has been accused in a case, that is, he has been accused or he has been ordered to present himself as a witness in the court. Is.
Now the question arises that under which law has the summons been sent by ED? So let us tell you that under Section 50 of the Prevention of Money Laundering Act (PMLA), ED can send summons to people for questioning. According to its provisions, the Director of the Enforcement Directorate or ED has the power of a civil court for the purpose of investigation. If he wants, he can give orders in the capacity of the court for investigation, appearance before ED, presentation of records and evidence.
Which officer of ED has the authority to issue summons
Director, Additional Director, Joint Director, Deputy Director or Assistant Director of ED have the authority to issue summons for investigation. If found necessary, summons can be sent to anyone and evidence can be demanded from them. It is mandatory for people summoned under this Act to appear before the ED.
What is the rule on disobeying summons?
Chief Minister Hemant Soren, Deputy Chief Minister Tejashwi Yadav have disobeyed ED summons several times, so now the question arises that what punishment will be imposed for disobeying the summons? But what are the rules? So let us tell you that if someone disobeys this summons, he can be sentenced to a fine of Rs 500 to Rs 10,000 or 1 month imprisonment or both.
Now you must be wondering whether ED can arrest Kejriwal, Tejashwi Yadav or Hemant Soren? So let us tell you that the answer is not so simple. ED has two ways to arrest someone. First, if he ignores the summons, he should file a new case under section 174 of the IPC. There will be a hearing on it and if the court finds the person concerned guilty then he can be sentenced to one month’s imprisonment. However, in its history of more than 60 years, ED has not arrested anyone by adopting this route.