Tamil Nadu - Chennai

Court allows Sasikala’s plea

CHENNAI: The Madras High Court on Wednesday allowed a petition by N. Sasikala seeking to call for the records connected with a complaint praying to punish her under the Foreign Exchange Regulation Act for alleged non-appearance in response to summons issued by the Enforcement Directorate, and quash the same.

In his order quashing the proceedings on the file of Additional Chief Metropolitan Magistrate, Economic Offences-I, Egmore, Justice K.N. Basha said the court was of the considered view that allowing the proceedings to continue against the petitioner would amount to abuse of the process of law.

In the petition filed by counsel A. Navaneethakrishnan and L.P. Shanmugasundaram, the petitioner submitted that the complaint was wholly misconceived and ill-motivated.

She was issued summons requiring her attendance on May 10 and 20, 1996. She sent replies citing health reasons for her inability to appear on the dates. She was asked to appear on May 30, for which also a reply was sent citing valid reasons.

Following further summons, she appeared before the respondent on June 20, 1996 and gave a statement. Thus, it could be seen that she had not remained mute but had answered all summons the department had issued and it should be presumed that they had accepted her explanation.

When she had answered the summons, the question of her being prosecuted for non-appearance could not arise at all.

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