Summoning accused in alleged investor fraud with forged documents and fake instruments, SC orders appearance before Enforcement Directorate

In proceedings arising from an alleged PMLA offence involving large-scale investor fraud through forged/fabricated documents and fake financial instruments, the dominant issue was whether the investigating agency lacked an effective mechanism to secure the accused's presence. The HC held that the agency is not remediless because an accused can be summoned and, if necessary, compelled through non-bailable warrants at the agency's instance. Consistent with this position, SC directed the accused to appear before the Directorate of Enforcement at its New Delhi office on a specified date and time and on all subsequent dates as required by notice, and listed the matter for further hearing.

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The order directs the petitioner to cooperate with the Directorate of Enforcement by personal appearance for questioning. It mandates that the petitioner "will appear before the officers of the Directorate of Enforcement at their office in New Delhi, on 12.04.2024 at 11.00 a.m." and further that he "will also appear on all subsequent dates whenever required by way of notice." The matter is listed to "come up for hearing on the date already fixed, that is, in the week commencing 06.05.2024." Pending the next hearing, the Court orders procedural compliance, stating that "pleadings in terms of order dated 22.03.2024 shall be completed." The order focuses on ensuring attendance before the investigating agency and timely completion of pleadings while maintaining the previously scheduled hearing date.

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