W.P.No.33158/2018 is filed for a Mandamus directing the first respondent, not to cause any physical, mental or verbal harassment to the petitioner during the pendency of investigation in the proceedings in File No.ECIR/CEZO/05/2016.

2. W.P.No.33163/2018 is filed for a Mandamus directing the first respondent to re-record the statement to be tendered under section 50 of the Prevention of Money Laundering Act and conduct the proceedings in File No.ECIR/CEZO/05/2016 in camera and in presence of the Advocate appointed by the petitioner.

3. The petitioner in both the writ petitions is one and the same.

4. The case of the petitioner in both the writ petitions is as follows:

He is the Director in M/s.Best & Crompton Engineering Projects Limited, engaged in the business of Engineering, procurement, construction and trading. The Central Bureau of Investigation, Bangalore, registered F.I.R. on 01.02.2016 against M/s. Best & Cromption Engineering Projects Limited and its Managing Director for the offence under Section 120B read with Sections 420, 468 and 471 of the Indian Penal Code on the basis of a complaint given by the Central Bank of India. On the basis of the above said F.I.R, the Enforcement Directorate, registered a case in ECIR.No.CEZO/05/2016 dated 27.04.2016, alleging that a prima facie case for the offence of money laundering under sections 3 and 4 of the Prevention of Money Laundering Act appears to have been made out. On completion of investigation by the Central Bureau of Investigation, a charge sheet was filed on 15.06.2017 before the Additional Chief Metropolitan Magistrate, Egmore, Chennai. The petitioner herein is arrayed as Accused No.4 therein. The petitioner has been complying with the summons issued by the first respondent, being promptly appearing for enquiry by rendering utmost cooperation. On 02.11.2018, the petitioner received summons from the first respondent to appear in person on 22.11.2018. However, on 15.11.2018, the petitioner received telephonic summons from the first respondent to appear in person on 16.11.2018. Due to medical emergency involving the petitioner's mother, he was not able to do so and informed the same to the concerned official and requested him to permit the petitioner to appear on 19.11.2018. When the petitioner appeared before the first respondent, to his shock and surprise, they confronted the petitioner in an aggressive manner and compelled him to make statements, which they desired in writing, against certain persons, who are in no manner related to the petitioner or the on-going enquiry. The petitioner was intimidated by the 1st respondent. They also threatened to cause physical harm and injury to the petitioner if the petitioner did not agree to give the said statement. As the petitioner refused to make such false statement, the 1st respondent had resorted to barbaric treatment by beating the petitioner with lathi. The petitioner was subjected to third degree torture and harassment. Out of fear and apprehension, the petitioner unwillingly relented to give written statement which were not voluntary, naming certain persons who were not involved in the transactions. The petitioner was unable to recover immediately. He issued a letter dated 06.12.2018 to the respondent to retract the statement which was obtained from him on 19.11.2018. The act of the first respondent is expressly illegal and unconstitutional. The facts enunciated above would reveal that the first respondent was not only biased but also detriment in making false case so as to secure the convention as per their desire for the reasons best known to them. The act of the first respondent in torturing the petitioner and causing mental treatment is grossly in violation of Article 21 of the Constitution of India and the Prevention of Money Laundering Act. The statement made by the petitioner on 19.11.2018, on threat and duress, cannot be used against him in any other proceedings. Therefore, the present writ petitions are fi