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The Supreme Court has intervened in a dispute between Tamil Nadu and the Enforcement Directorate (ED). It’s regarding documentation related to illegal sand mining.
On May 6, the court demanded a report from the ED. This happened after Tamil Nadu asserted that its District Collectors had indeed provided the records requested by the ED.
During the hearing before a bench led by Justice Bela Trivedi, advocates Kapil Sibal and Amit Tiwari, represented Tamil Nadu. They raised concerns about the treatment of senior officials during their visit to the ED office.
They complained that the District Collectors were kept waiting at the ED office from 11 a.m. until 8:30 p.m. The senior advocates emphasized that such treatment was inappropriate for officials of their rank.
Contrary to the ED’s claim of not receiving any documents from the Collectors, Tamil Nadu’s legal team insisted that all requested documents had indeed been submitted. The court directed the ED to provide a compliance report detailing the summons’ requirements and specifying which documents were allegedly not furnished by the Collectors.
Expressing disapproval of the prolonged wait imposed on the officials, Justice Trivedi admonished the ED. He stressed that they should not unnecessarily harass the District Collectors who have responsibilities in their respective districts.
The ED’s legal representatives assured the court that they would address the concerns raised by the bench. The case has been scheduled for further hearings post the summer recess, set to resume in July.
In an earlier hearing on April 2, the Supreme Court had directed four Collectors from Vellore, Ariyalur, Karur, and Trichy to appear before the ED on April 25. This directive followed the court’s dissatisfaction with the Collectors’ failure to respond to a previous summons from the ED.
The Collectors had cited the upcoming elections in Tamil Nadu as a reason for their inability to appear in person. That’s because they required additional time to compile and verify the information sought by the ED regarding sand mining activities within their jurisdictions.
Justice Trivedi referenced Section 50(2) of the Prevention of Money Laundering Act. The act empowers the ED to summon any person deemed necessary for investigation or proceedings under the statute.
Section 50(3) mandates the attendance of individuals summoned. It requires them to make truthful statements and produce requested documents.
The court’s intervention in the ongoing dispute between Tamil Nadu and the Enforcement Directorate is a big development. It underscores the importance of procedural fairness and adherence to legal protocols. The dispute is over the handling of documentation related to illegal sand mining activities.
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