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; however, it did not stay the ED investigation as prayed for by the ruling Dravida Munnetra Kazhagam (DMK) government in Tamil Nadu. The collectors and the state government must respond to the ED’s queries within 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 state government had argued that the ED doesn’t have such unbridled powers and that its summons to collectors is against the spirit of federalism.

Claiming that it has filed first information reports (FIRs) in illegal sand mining cases and that it is willing to provide details, it argued that the central agency should seek details only through the state government and that any investigation should be conducted with its consent.

The ruling DMK has accused the BJP of misusing central agencies, including the ED, to target political opponents in opposition-ruled states. They also point to the negligible conviction rate in ED cases. When those targeted decide to join the BJP, the DMK claims they become “whitewashed saints overnight,” an allegation the BJP denies.

ED’s Response

Citing a survey by an expert from an IIT, the ED had claimed that illegal sand mining worth Rs 4,500 crore had taken place across Tamil Nadu and that the proceeds were laundered. It claimed that it had the power to summon collectors. 

The probe agency has argued that it can summon both private individuals and government officials as the Prevention of Money Laundering Act (PMLA) gives it the power to summon anyone in connection with an investigation.