Representing petitioners, senior advocate Kapil Sibal said certain PMLA provisions are "draconian". He argued ED does not furnish a copy of ECIR (equivalent to an FIR) to the accused and added the summons issued by the agency under Section 50 does not clarify whether the individual summoned is a witness or an accused. Sibal said ECIR cannot be filed for non-scheduled offences under the Income Tax Act. The said submission found force with the bench as it observed that PMLA cannot be invoked in tax evasion cases by simply alleging criminal conspiracy.
