Quite disappointing
Sand mining case: Madras High Court stays ED summons to Tamil Nadu collectors
The Madras High Court has put a stay on the summons issued by the Enforcement Directorate (ED) to several district collectors in Tamil Nadu in connection with a case related to illegal sand mining.
The division bench of Justice S S Sundar and Justice Sunder Mohan, while acknowledging the gravity of the allegations, expressed prima facie doubts about the jurisdiction of the ED in this matter.
“We are prima facie convinced that the summons is not within the jurisdiction of the ED,” the judges said, adding that their view is subject to further detailed discussion.
Tuesday’s order follows the filing of writ petitions jointly by the state government and the collectors challenging the summons and questioning the authority of the ED to investigate such offences without the consent of the state government. The court clarified that its stay pertains only to the operation of the summons and not the ongoing investigation into the illegal sand mining.
Earlier, additional solicitor general A R L Sundaresh, representing the ED, had assured the court that no action would be taken against the summoned officials without prior notice. The ED’s summons, issued on November 17, had directed the district collectors of Ariyalur, Karur, Vellore, Thanjavur, and Tiruchi to appear in person, along with their Aadhaar cards, and submit details regarding all sand mining quarries in their districts.
The state government, aggrieved by the ED’s actions, had moved the high court alleging that the summons were issued only to harass and demoralise the state administration. The state contended that illegal sand mining is not a scheduled offence under the Prevention of Money Laundering Act (PMLA), thus falling outside the jurisdiction of the ED.
The background to this legal battle is steeped in allegations of large-scale illegal sand mining in Tamil Nadu. The ED had been conducting an investigation since September into claims that significant quantities of sand were being excavated from riverbeds and sold illegally, bypassing the online sales mechanism. This activity, according to the agency, had led to substantial losses to the state exchequer.
Central to the ED’s case is the alleged generation of over Rs 4,730 crore in proceeds from this illegal sand mining, a figure that starkly contrasts with the Rs 36 crore revenue from sand mining officially recorded by the state’s Water Resources Department, headed by minister Duraimurugan, a veteran DMK leader.
The ED’s affidavit filed earlier this week had argued that the petitions by the collectors were an attempt to obstruct an ongoing money laundering investigation and had emphasised the possession of credible scientific evidence supporting the agency’s claims.
Further arguments from both the state government and the ED will be heard in detail in the next hearing, scheduled for December 21.
Express News Service – 2023-11-30 14:32