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Why State Filed Petition against ED Summonses to District Collectors: Supreme Court to TN

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By ETV Bharat English Team

Published : Feb 23, 2024, 2:57 PM IST

A Supreme Court bench led by Justice Bela M Trivedi has questioned the Tamil Nadu government for filing a writ petition before the Madras High Court challenging summonses issued to five district collectors by Enforcement Directorate.

Supreme Court has questioned the Tamil Nadu government for filing a writ petition before Madras High Court challenging summonses issued to five district collectors by the ED
File photo: Supreme Court which is located in New Delhi

New Delhi: The Supreme Court on Friday questioned the Tamil Nadu government for filing a writ petition before the Madras High Court challenging summonses issued to five district collectors by the Enforcement Directorate (ED) in connection with a money-laundering case.

The summonses were issued in connection with the ED's probe into an alleged illegal sand mining scam in Tamil Nadu.

The apex court will further hear ED's plea against a Madras High Court interim order staying the operation of the summonses issued by the central agency to district collectors in a sand mining money laundering case.

A bench led by Justice Bela M Trivedi asked the Tamil Nadu government counsel, how can the state file writ petition? Under which law and that too against the ED?

Senior advocate Mukul Rohatgi, representing the Tamil Nadu government, said it can. The bench further queried, how is the state interested and can file such petitions?

During the proceedings, Rohatgi urged the court to keep the matter for hearing on Monday and added that he will show judgments. He said they are not criminals and the ED cannot investigate the offence.

The bench said the district collector may file a plea in individual capacity. Rohatgi stressed that they have no right to investigate non-scheduled offences. The bench said that there are 4 FIRs and there are offences that are scheduled offences under PMLA, and the ED can investigate.

Rohatgi said there are issues relating to federalism, while urging the court to hear the matter on Monday. The bench scheduled the matter for further hearing on February 26.

The alleged illegal sand mining scam has brought five district collectors of Tamil Nadu under the scanner, with the ED issuing summons to them. After the state government filed a writ petition challenging the summons, the ED requested the Supreme Court to halt the interference.

New Delhi: The Supreme Court on Friday questioned the Tamil Nadu government for filing a writ petition before the Madras High Court challenging summonses issued to five district collectors by the Enforcement Directorate (ED) in connection with a money-laundering case.

The summonses were issued in connection with the ED's probe into an alleged illegal sand mining scam in Tamil Nadu.

The apex court will further hear ED's plea against a Madras High Court interim order staying the operation of the summonses issued by the central agency to district collectors in a sand mining money laundering case.

A bench led by Justice Bela M Trivedi asked the Tamil Nadu government counsel, how can the state file writ petition? Under which law and that too against the ED?

Senior advocate Mukul Rohatgi, representing the Tamil Nadu government, said it can. The bench further queried, how is the state interested and can file such petitions?

During the proceedings, Rohatgi urged the court to keep the matter for hearing on Monday and added that he will show judgments. He said they are not criminals and the ED cannot investigate the offence.

The bench said the district collector may file a plea in individual capacity. Rohatgi stressed that they have no right to investigate non-scheduled offences. The bench said that there are 4 FIRs and there are offences that are scheduled offences under PMLA, and the ED can investigate.

Rohatgi said there are issues relating to federalism, while urging the court to hear the matter on Monday. The bench scheduled the matter for further hearing on February 26.

The alleged illegal sand mining scam has brought five district collectors of Tamil Nadu under the scanner, with the ED issuing summons to them. After the state government filed a writ petition challenging the summons, the ED requested the Supreme Court to halt the interference.

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