The court stayed the summons for three weeks.
Chennai:
The Madras High Court today stayed the summons issued by the Enforcement Directorate (ED) to five district collectors in Tamil Nadu in connection with alleged illegal sand mining in the state.
The court stayed the summons for three weeks.
A two-judge Madras High Court bench comprising Justices SS Sundar and Sundar Mohany yesterday deferred their decision until November 28 on a petition filed by the state Public Department Secretary K Nanthakumar on behalf of the Collectors of Ariyalur, Vellore, Thanjavur, Karur, and Tiruchirapalli districts.
The petition sought to invalidate probe agency ED’s summons, which mandated the collectors’ personal presence on various dates to furnish details about sand mining operations within their respective jurisdictions.
The probe agency issued the summons under the Prevention of Money Laundering Act (PMLA).
In his petition, Mr Nanthakumar argued that the ED, under the guise of conducting an investigation, has embarked on an extensive and arbitrary practice of issuing summons to district collectors.
Tamil Nadu Government’s Response
The Tamil Nadu government has argued that the ED cannot summon district collectors directly. It said that the ED can only request the state government for assistance.
The state government added that Parliament has not given the ED unbridled power. It said the ED’s power to investigate such offenses without the state government’s consent is “against federalism”.
ED’s Response
The probe agency has argued that it can summon both private individuals and government officials. It has said that the Prevention of Money Laundering Act (PMLA) gives it the power to summon anyone in connection with an investigation.
The ED has asserted that the money from the alleged sand mining case crime exceeds Rs 4,500 crore. It has further stated that the illegal funds were channeled through various clandestine means, including hawala transactions and shell companies.