TMI Blog2021 (1) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... n against a summons under Section 50 and the entitlement to have the presence of a legal practitioner during questioning was considered and negated by this Court in C.M. RAVEENDRAN VERSUS UNION OF INDIA ASST. DIRECTOR, ENFORCEMENT DIRECTORATE [ 2020 (12) TMI 703 - KERALA HIGH COURT] . Therein, reliance was placed on the judgments of the Apex Court in KIRIT SHRIMANKAR VERSUS UNION OF INDIA AND OTHERS [ 2014 (12) TMI 150 - SUPREME COURT] and UNION OF INDIA AND ANOTHER VERSUS KUNISETTY SATYANARAYANA [ 2006 (11) TMI 543 - SUPREME COURT] - In Kirit Shrimankar, the petitioner had approached the Apex Court after the Customs officials conducted a search in the residential premises of his former wife. The petitioner alleged that he was threatened ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AM BENUPANI VERSUS ARUN KUMAR BAJORIA [ 1997 (11) TMI 428 - SUPREME COURT] , it is not for this Court to monitor the investigation and to decide the venue, the timings, the questions and the manner of questioning. Petition dismissed. - WP (C). No. 24890 OF 2020 (I) - - - Dated:- 6-1-2021 - THE HONOURABLE MR.JUSTICE V.G.ARUN FOR THE RESPONDENT : BY ADVS. SRI.SHAIJAN C.GEORGE SMT.ANJU TREESA GEORGE FOR THE PETITIONER : R1-4 BY ADV. MR.T.A.UNNIKRISHNAN, CGC R1-4 BY ADV. SRI.P.VIJAYAKUMAR JUDGMENT This writ petition petition was filed on the petitioners being issued with summons under Section 50 of the Prevention of Money Laundering Act, 2002, requiring them to appear before the fourth respondent, in connection with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t their will. This allegation was stoutly refuted in the additional counter affidavit filed by the fourth respondent. Thereupon, the petitioners sought to amend the writ petition, incorporating an additional prayer that, guidelines should be laid down regarding the procedure to be followed when petitioners or similarly placed persons summoned under Section 50 of the Act, appear before the investigating officers. 4. Heard Sri. Shaijan C. George, learned Counsel for the petitioners and Sri. T.A.Unnikrishnan, learned Special Prosecutor for the Enforcement Directorate. 5. The question regarding maintainability of writ petition against a summons under Section 50 and the entitlement to have the presence of a legal practitioner during questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ petition lies when some right of any party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of anyone. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance. 6. The decision of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a constitutional right to claim similar luxuries and company of his choice. Mr Salve was fair enough not to pursue his argument with reference to the comfort part, but continued to maintain that the appellant is entitled to the company of his choice during the questioning. The purpose of the enquiry under the Customs Act and the other similar statutes will be completely frustrated if the whims of the persons in possession of useful information for the departments are allowed to prevail. For achieving the object of such an enquiry if the appropriate authorities be of the view that such persons should be dissociated from the atmosphere and the company of persons who provide encouragement to them in adopting a non-cooperative attitude to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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