New Delhi, Dec 2 The Delhi High Court has held that a woman can be summoned to the Enforcement Directorate’s (ED) office for recording of her statement in FEMA proceedings.
Rejecting the contention that safeguards under Section 160 of the Code of Criminal Procedure (CrPC) apply to such summons, a single-judge Bench of Justice Neena Bansal Krishna dismissed a writ petition filed by a 53-year-old Canadian citizen, who had challenged an ED summons issued under Section 37 of the Foreign Exchange Management Act (FEMA).
The petitioner argued that as a woman, she could not be compelled to appear at the ED office and that her statement must be recorded at her residence.
The petition referred to Section 160(1) CrPC, which prevents women from being required to appear at places other than their residence for investigation.
In its decision, the Delhi High Court held that FEMA investigations are civil-administrative proceedings, not criminal inquiries, and therefore, the gender-based protection available under CrPC cannot be invoked.
“Civil Code contains no provision like Section 160 Cr.P.C mandating the recording of the statement of a woman at her residence. The insistence of the petitioner for not appearing before the Authority is, therefore, without any basis,” held Justice Krishna.
“Powers regarding discovery and production of evidence under Section 37 FEMA are analogous to those under Section 131 ITA, which is governed by Civil Code and therefore, Section 160 Cr.P.C. would not be applicable,” added the Delhi High Court.
The petitioner argued that she had already submitted all documents demanded by ED and sought exemption from appearing due to medical issues in the family and gender, further urging the agency to record her statement at her residence.
Concluding that the petition was “without merit”, the Delhi High Court refused to interfere with the summons. “In light of the law discussed above, this court finds no merit in the Writ Petition,” held Justice Krishna, dismissing the petition.
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