SC stays Madras HC's interim order; asks district collectors to appear before ED in connection with sand mining case
Feb 27, 2024
New Delhi [India], February 27 : The Supreme Court on Tuesday stayed the Madras High Court's interim order and asked the district collectors to appear before ED in connection with the sand mining case and remarked that the Enforcement Directorate can summon any person it feels necessary during the investigation.
A bench of justices Bela M Trivedi and Pankaj Mithal stayed the Madras High Court's interim order. The court also noted that the plea filed by State government's writ petition before High Court prima facie appear to be misconstrued and also be under a misconception of law.
The court also remarked that the Enforcement Directorate can summon any person it feels necessary during the investigation under the offences of money laundering act.
The court also remarked that district collectors and persons to whom summons have been issued are obliged to respect and respond to these summons. The court listed the matter after four weeks.
ED has approached the Supreme Court against the Madras High Court interim order staying the operation of the summonses issued by the central agency to district collectors in connection with a money laundering case related to the sand mining.
The Madras High Court has stayed the operation of summons issued by the ED to Tamil Nadu's District Collectors.
The Enforcement Directorate (ED) on Monday submitted before the Supreme Court that the Tamil Nadu state is stepping into the shoes of the accused and trying to prevent the investigation into the sand mining case.
During Monday's hearing, the court also remarked that government officials should help ED find out if there are any offences.
The Tamil Nadu government justified its petition and said that state government has the right to file the petition in court on the matter and clarified that the collectors do not have an individual capacity and they are part of the State.
The Supreme Court on Friday sought to know from the Tamil Nadu government how the state can file a petition against the Enforcement Directorate in connection with the sand mining case.
ED had initiated an investigation under the Prevention of Money Laundering Act (PMLA) in 2002 based on various FIRs filed across Tamil Nadu and information gleaned from open sources indicating widespread unauthorised sand mining along the riverbeds and basins of the state.
