The Supreme Court Today (April 2nd) voiced significant discontent with the behavior of District Collectors in Tamil Nadu for disregarding the summonses issued by the Enforcement Directorate (ED), despite the court’s explicit instructions to appear before the central agency.
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NEW DELHI: The Supreme Court Today expressed strong disapproval towards the conduct of District Collectors in Tamil Nadu. These officials had failed to comply with summonses issued by the Enforcement Directorate (ED), despite the apex court’s explicit directives instructing them to appear before the central agency.
A bench comprising Justices Bela M Trivedi and Pankaj Mithal condemned what they termed as a “cavalier attitude,” emphasizing that such behavior cannot be tolerated under normal circumstances.
However, taking into consideration the impending Lok Sabha elections schedule, the Court decided that the District Collectors could appear after the polling concludes in Tamil Nadu.
The bench remarked,
“This shows that the officers don’t have the respect for the court, or the law, much less the Constitution of India. The same is strongly deprecated but having regard to the fact that the General Elections are approaching, learned counsel [Kapil] Sibal states that they are collecting the necessary data. It would be appropriate to give them one more chance to appear before the ED in response to the summons issued under Section 50 PMLA.”
The Court instructed the officers to be present before the ED on April 25. While scheduling the matter for compliance on May 6, the Court cautioned of stringent action in case of any further non-compliance.
The Court was hearing an appeal filed by the ED against the Madras High Court‘s decision to stay its summons to the five district collectors in Tamil Nadu in connection with a probe into an alleged sand mining scam.
In its interim order, 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 State’s district collectors.
However, the High Court had clarified that it has not imposed any stay on ED’s ongoing investigation in the case. The High Court had also dismissed objections raised by the ED on whether the Tamil Nadu government had the locus standi to file a petition to challenge the ED’s issue of summons.
This order was then challenged before the Supreme Court.
The Supreme Court had in February lifted the stay, and remarked that it was “strange” and “unusual” for the Tamil Nadu government to have moved the High Court challenging the ED summons in the first place.
Pertinently, the bench had held that prima facie, under Section 50 of the Prevention of Money Laundering Act (PMLA), accused persons must respect and respond to summons issued by the ED, and appear as and when called to produce evidence in accordance with the law. Accordingly, in its order passed previously, the Supreme Court had directed that the district collectors summoned by the ED should appear before the central agency.
During the hearing today, Senior Advocate Kapil Sibal, representing the Tamil Nadu government, said the officers were busy in connection with the upcoming Lok Sabha elections.
It was also submitted that a review application had been moved against the order lifting the stay on summons issued to them by ED. However, the Court said such defiance of the direction to appear before the ED will land the officers in trouble. They should have respected the court order, it added-
“This kind of situation will land you in trouble.”
-said the bench, adding the officers should have appeared before the central agency and helped it.
However, Sibal said the State has already said they do not have the information being sought by the central agency.
“I do not understand why [it is] necessary when they have said they do not have data. What is the point of making them appear,”
-he said, adding that the State was in the midst of elections.
Observing that the officers have to comply with the ED summons, the Court then said they can appear after the Lok Sabha elections in Tamil Nadu. After the order was passed, Sibal submitted that even authorised agent can be sent on behalf of the officers.
“ED can call anybody then … Not how we understand the law. Authorised agents can be sent.”
The Court in response said,
“Yes they can. Read PMLA. You have been given sufficient time”
Click Here to Read Previous Reports on TN Collectors
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