The Madras High Court today dismissed a petition by former Union minister P Chidambaram wife Nalini Chidambaram, challenging ED's summons to her to appear as a witness in its money laundering probe in the Saradha chit fund scam case.
Justice S M Subramaniam rejected Nalini's contention that women cannot be called for investigation out of their place of residence under CrPC Sec 160, saying such exemptions are not mandatory and are subject to facts and circumstances of a case.
"This court is of the opinion that based on gender, exemption cannot be sought for in a routine manner," he said in a 145-page order on Nalini's petition and that of the Enforcement Directorate seeking to vacate a stay granted by the court earlier.
Also holding that such an exemption was not provided under the Prevention of Money Laundering Act (PMLA), the judge directed the ED to issue fresh summons fixing a date for the investigation and proceed with it in accordance with law.
The ED had issued the summons on September 7, 2016 asking Nalini, a senior lawyer, to appear in its Kolkata office as a witness in the Saradha chit fund scam.
She was allegedly paid a legal fee of Rs 1 crore by the Saradha group for her appearances in court and the Company Law Board over a television channel purchase deal.
The high court had on September 21, 2016 stayed the summons passing interim orders on the petition by Nalini.
During the hearings, Nalini had contended that the summons was "purely politically motivated to damage her reputation."
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