New Delhi: The Supreme Court on Tuesday said the cavalier approach adopted by five district collectors of Tamil Nadu, by not appearing physically before the Enforcement Directorate despite orders in a money laundering probe regarding alleged illegal sand mining, will land them in a difficult situation. The apex court directed the officials to appear before the ED personally on April 25, while emphasizing that such an approach is strongly deprecated.
A bench of Justice Bela M Trivedi and Justice Pankaj Mithal said “In our opinion, such a cavalier approach will land them in a difficult situation. When the court had passed the order directing them to appear in response to the summons issued by the ED, they were expected to obey the same order and remain present before the ED”.
The bench said that this shows that the officers don’t have either respect for the court or the law much less the Constitution of India. “Such an approach is strongly deprecated,” the bench said.
The apex court was informed that the Lok Sabha elections are scheduled in Tamil Nadu for April 19 and the officials have been looking after the poll-related works. However, the apex court said that the officials should have appeared before the probe agency and explained the reasons.
Senior advocates Kapil Sibal and Amit Anand Tiwari, appeared for the Tamil Nadu government. The state government’s counsel submitted before the bench that the officials were busy in maintaining public order and implementation of the social security scheme.
The apex court said it is giving the last opportunity to the officials to appear before the ED. The government’s counsel said the state has already said they do not have the information being sought by the central agency.
Sibal said he does not understand why it is necessary when the officers have said they do not have data. “What is the point of making them appear," said Sibal.
On February 27, the Supreme Court had said that the five district collectors should appear before the Enforcement Directorate and those who have been summoned by the ED are required to respect and respond to the summonses. The apex court stayed the Madras High Court order, which granted interim stay on the summons issued by the ED against the district collector. The bench said that prima facie under section 50 of the PMLA, the accused has to respect and respond to the summons by the Enforcement Directorate. The apex court said the accused has to appear if called by ED and produce evidence if needed in accordance with proceedings under PMLA law.
In November last year, the Madras High Court stayed the summons issued by the central probe agency seeking the presence of district collectors of Vellore, Tiruchirappalli, Karur, Thanjavur and Ariyalur in connection with its ongoing probe.
The ED moved the top court against the high court order, saying the non-cooperation would hamper its probe.
Read More
