Binani claimed in the plea that she had been a non-executive director of BCL for only a period of two years between 2012 to 2014. She claimed that after the initiation of the Corporate Insolvency Resolution Process (CIRP), the company, its promoters, shareholders, directors and all persons had no connection with the affairs of BCL. Hence, the summons issued to her did not serve any purpose whatsoever. BCL had immunity from prosecution of alleged offences committed even prior to the initiation of the CIRP, her plea stated.
The plea stated that SFIO was only carrying out a fishing and roving enquiry by seeking personal details and information regarding her personal affairs, which was violative of her fundamental rights to privacy and to being compelled to be a witness against oneself.
Binani sought for quashing or recall of the summons or an interim stay on the same, as well as an order against possible coercive action.
Source: Barandbench
