KOCHI: The High Court on Friday directed the Enforcement Directorate (ED), which is probing alleged violations of the Prevention of Money Laundering Act (PMLA) in the SNC Lavalin deal, to file a counter affidavit in response to a petition filed by SNC Lavalin Engineering India Pvt Ltd, Mumbai, seeking to quash the summons issued against it.
Justice K Haripal issued a notice to ED and posted the case after three weeks. The petitioner also sought to declare that PMLA is not applicable in the case being probed by the CBI. CBI had investigated the case pertaining to the contracts executed between the company and the government for the renovation and modernisation of three hydroelectric projects - Pallivasal, Sengulam and Panniar Hydro Electric Projects (PSP). The CBI filed the chargesheet in 2009.
All the allegations against the company were related to the period before January 17, 2003, that is prior to the PMLA coming into force. The petition said the company had no role in the contracts and transactions done between 1995 and 1998. Those were directly handled by the company from Canada.
The petitioner company was not subjected to investigation by the Directorate of Revenue Intelligence and was not an accused in the CBI chargesheet.The company said the summons was issued mischievously, seemingly with an ulterior motive, disregarding total lack of power or jurisdiction to issue the summons and was in violation of Article 14 and 21 of the Constitution.