CHENNAI: The Madras High Court would pronounce orders on November 27 on the petition filed by the Tamil Nadu Government and five district collectors, challenging the summons issued to the Collectors by the Enforcement Directorate in connection with its probe into alleged illegal sand mining in the state.
A division bench comprising Justices SS Sundar and Sundar Mohan on Monday reserved orders for November 28 on the petition filed by the state Public Department Secretary K Nanthakumar on behalf of the Collectors of Ariyalur, Vellore, Thanjavur, Karur and Tiruchirapalli, which sought to quash the summons under the Prevention of Money Laundering Act (PMLA) issued by the ED asking them to appear in person on various dates with details of sand mining in their respective districts. The bench reserved orders, after hearing elaborate arguments from senior advocate Dushyant Dave, appearing for the state government and Additional solicitor general ARL Sunderesan, appearing for the ED.
In his petition, Nanthakumar submitted that under the garb of investigation, the ED has resorted to issuing summons to various district collectors, asking for information on all sand mines in their district in a fishing and roving enquiry. The summons have been issued illegally, contrary to the provisions of the Act and with a view to harass and undermine the state machinery.
In its objection, the ED said, “The said assumption is false. On the contrary, the Directorate is in direct possession of enough crucial evidence of proceeds of crime generated out of criminal activity and it is necessary to examine such District Collectors in the course of investigation as to the criminal activity that has happened in their jurisdictions. Considering the sensitivity of such crucial evidence and information pending investigation, the Directorate would provide the same in a sealed envelope, to this Hon’ble High Court.