The Tamil Nadu government has taken a firm stand against the Enforcement Directorate (ED) by filing petitions in the Madras High Court, seeking to quash the summons issued to five district collectors in a sand mining money laundering case. The state government’s move represents a significant assertion of federal principles and jurisdictional authority.
The ED had issued summons to the district collectors of Thanjavur, Trichy, Karur, Ariyalur, and Vellore, in connection with alleged irregularities in the mining and sale of sand in Tamil Nadu. The investigation was triggered by allegations of money laundering and substantial tax evasion within the sand mining industry.
Filed by the Secretary of the Public and Rehabilitation department of the Tamil Nadu government on behalf of the collectors, the petitions challenge the ED’s jurisdiction in this matter. The state government argues that the ED’s actions are in violation of the basic structure of federalism and separation of powers, as they investigate predicate offenses arising out of and within the territorial limits of a state without the consent of the concerned state.
The Tamil Nadu government contends that such enquiries or investigations by the ED should only be carried out at the request of state agencies or the state government, or under the directions of the courts. The petitions also accuse the ED of conducting a “roving enquiry,” resulting in harassment of state authorities and hindering the administration and functioning of the state.
Also read- Calcutta High Court Greenlights BJP Rally, Rejects West Bengal Government’s Appeal (lawchakra.in)
Furthermore, the state government alleges that the ED lacks jurisdiction over the subject matter in question, which pertains to mining leases for sand excavation under various state laws. The state accuses the ED of adopting a “pick-and-choose approach,” probing only select few alleged crimes while ignoring others consisting of the same offenses.
In a pointed criticism, the Tamil Nadu government highlights the ED’s apparent reluctance to investigate similar cases of alleged illegal sand mining in states like Madhya Pradesh and Gujarat. The state government notes that while numerous FIRs related to illegal sand mining were registered in these states, the ED has shown no inclination to investigate.
This legal challenge by the Tamil Nadu government underscores the ongoing tensions between state governments and central agencies in India. It highlights the complexities of federalism and the balance of power between state and central authorities, especially in matters of jurisdiction and law enforcement.
Also read- Sushil Modi Highlights Supreme Court’s Stance On Ninth Schedule Laws (lawchakra.in)
