SC notice to Centre on plea by Congress leader challenging PMLA’s Sec 50

The Supreme Court on Tuesday issued notice on a plea by Congress leader seeking to declare Section 50 and Section 63 of the Prevention of Money Laundering Act, 2002 as ultra vires the Constitution. Section 50 gives Enforcement Directorate (ED) power to summon an accused and record a statement, which is admissible evidence in court of law. Senior advocate Kapil Sibal, representing petitioner Govind Singh, a Congress MLA in Madhya Pradesh, submitted that plea challenges Sections 50 and 63 of the PMLA, and the matter is regarding an ECIR in which the person would not even know in what capacity he is being called. The plea also challenged the Enforcement Directorate’s (ED) summons issued to Singh. A bench of Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah, and Aravind Kumar issued notice to the Union of India and the ED on the plea and scheduled it for further hearing after six weeks. The plea, filed through advocate Sumeer Sodhi, said: “Primarily the challenge is based upon the premise that the provisions of the PMLA allowing an officer of the Directorate of Enforcement to summon any person to record his statement under Section 50 of the act and requiring that person to speak truth in such statements is violative of Article 20(3) and 21 of the Constitution.” The plea contended that the petitioner is conscious of the recent judgment of the apex court whereby a challenge to vires of Section 50 of the PMLA has been turned down in the case of Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.