Video conferencing for PMLA enquiry permitted; personal appearance not insisted upon pending further hearing

Petitioners summoned for enquiry under the Prevention of Money Laundering Act were allowed to cooperate through video conferencing while the writ petitions remained pending. The Court accepted that, as residents of Karnataka, they need not be required to appear personally for the time being, and directed the investigating officer to communicate the date and time for virtual participation. Personal appearance was not to be insisted upon until the next date of hearing, pending further consideration of the petitions and the asserted reliance on Section 160 of the Code of Criminal Procedure.

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Issues: Whether the petitioners, summoned for enquiry, were required to appear personally or could be directed to participate through video conferencing pending further hearing.

Analysis: The summons were issued under Section 50 of the Prevention of Money Laundering Act, 2002, and the challenge was, in part, founded on the asserted applicability of Section 160 of the Code of Criminal Procedure, 1973. Pending consideration of the writ petitions, the Court accepted the request that the petitioners, who were residents of Karnataka, should join the enquiry through video conferencing, with the investigating officer to communicate the date and time. The Court also directed that personal appearance would not be insisted upon until the next date of hearing.

Conclusion: The petitioners were permitted to cooperate in the enquiry through video conferencing and were protected from insistence on personal appearance until the next date of hearing.

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