‘Right to contest includes right to canvass’: HC quashes ED summons to Congress candidate

Jaipur: The Rajasthan High Court has grnated relief to Mewaram Jain, who is the Congress candidate from Barmer, exempting him from appearing before Enforcement Directorate (ED).

ED had asked Jain to appear before it on November 22. HC has quashed the summons issued to Jain.

Considering that polling in the state is scheduled to be held on November 25, Justice Farjand Ali said that if the summons is deferred for a period of seven days, it would not result in any adverse impact on the money laundering proceedings.

“The petitioner is a candidate contesting State Legislative Assembly Elections and in a democratic setup like ours, his right to contest in an election encompasses the right to canvass as well,” he said.

Justice Ali said, “It is understandable that his presence is inevitably required in his constituency and it would not be within reason and feasible for him to travel 500 kms to the concerned Office at Jaipur and 500 kms back to his constituency, that too, when it is not at all clear as to what is the purpose for the summons and in what capacity (accused/witness) he has been summoned.”With regard to the summons, Justice Ali opined that the petitioner has the right to know the nature of accusation against him if he is an accused.

He added that if Jain has been summoned to depose a statement before the authorities, then he has a right to know for what purposes and in what matter his presence would be required to enable him to collect the requisite material to satisfy the summon.

“In the least, the petitioner has a right to know the nature of accusation against him if he is an accused or if he has been summoned to depose a statement before the authorities, then he has a right to know for what purposes and in what matter his

presence would be required so as to enable him to collect the requisite material in order to leave Barmer just to satisfy the summon of the respondent,” Justice Ali stated.

The bench has given the liberty to the ED to issue fresh notice to Jain for appearannce on dates post December 3. with agency inputs