The Supreme Court Today (May 6th) instructed the Enforcement Directorate (ED) to refrain from undue harassment of district collectors in Tamil Nadu, who had been summoned by the central agency for interrogation in a money laundering case linked to accusations of illicit sand mining in the state.
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NEW DELHI: The Supreme Court today directed the Enforcement Directorate (ED) to refrain from unnecessarily harassing district collectors in Tamil Nadu, who were summoned by the agency for questioning in a money laundering case related to illegal sand mining in the state.
A bench of Justices Bela M Trivedi and Pankaj Mithal issued the caution after the Tamil Nadu government alleged that the collectors were kept waiting at the ED’s office from 8 AM until 6 PM.
“They (ED) made them (collectors) arrive at 8 in the morning and sit till 6!”
-Senior Advocate Kapil Sibal informed the court.
“You (ED) cannot do that. Do not keep them waiting; they have to tend to their districts,”
–Justice Trivedi remarked.
“Do not harass them unnecessarily,”
-Justice Mithal added.
The court was hearing an appeal filed by the ED against the Madras High Court‘s decision to stay the ED’s summons to five district collectors in Tamil Nadu. The High Court had opined that the ED’s summons appeared to be part of a fishing expedition and that, prima facie, the ED had no jurisdiction to issue the summons to any of the district collectors.
The ED challenged the High Court’s order, and in February this year, the Supreme Court lifted the stay. At that time, the Supreme Court also noted that it was unusual for the Tamil Nadu government to have approached the High Court against the ED summons.
Last month, the top court expressed strong disapproval over the collectors’ failure to appear before the ED, despite being directed to adhere to the summons.
During Monday’s hearing, Senior Advocate Kapil Sibal, representing the Tamil Nadu government, stated that the documents sought by the ED had been supplied.
However, the counsel representing the ED disputed this, claiming that the documents were not produced.
“No, they have not. Let me supply on affidavit. In their statements, they said they will give later; let me place in some weeks’ time,”
-Advocate Zoheb Hossain submitted.
Allowing the request, the court adjourned the matter to a date after the vacations and asked the central agency to file a compliance affidavit before the next date of hearing.
CASE TITLE:
Directorate of Enforcement vs State of Tamil Nadu and ors.
Click Here to Read Previous Reports on Tamil Nadu Sand Mining Case
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