Tamil Nadu stepping into shoes of accused, interfering in probe into sand mining case: ED to SC

Feb 26, 2024

New Delhi [India], February 26 : 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.
Additional Solicitor General SV Raju, appearing for ED, submitted, before the bench of Justices Bela M Trivedi and Pankaj Mithal, that the probe agency is entitled to investigate. He further added that the state is stepping into the shoes of the accused, preventing an investigation and trying to shield them.
During the hearing, the court also remarked that government officials should help ED find out if there are any offences.
Representing the Tamil Nadu government, Senior Advocate Kapil Sibal justified that the 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.
He also said that some state records have been summoned adding that the state was aggrieved by an omnibus order of the ED. In the last hearing, the court raised how the state government can file a writ petition in the matter.
Adjourning the matter for tomorrow, the court asked to place on record the reply filed by 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 has approached the Supreme Court against the Madras High Court interim order staying the operation of the summons issued by the central agency to district collectors in connection with a money laundering case related to sand mining.
The Madras High Court has stayed the operation of summons issued by the ED to Tamil Nadu's District Collectors.
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.