Politically motivated ECIRs not maintainable, says ED

CHENNAI: The Directorate of Enforcement (ED) informed the Madras High Court that the petitions seeking registration of ECIRs are not maintainable, contending that the court cannot issue directions for initiating proceedings under the PMLA.

DMK Rajya Sabha Member R Girirajan has filed nine individual writ petitions before the Madras High Court, seeking a direction to the ED to register Enforcement Case Information Reports (ECIRs) for offences under the Prevention of Money Laundering Act (PMLA), 2002, against former AIADMK ministers SP Velumani, P Thangamani, C Vijayabaskar, MR Vijayabhaskar, C Kamaraj, K C Veeramani and KP Anbalagan, along with former MLA T Nagar Sathya alias B Sathyanarayanan and former president of Salem district Central Co-operative Bank Salem R Elangovan.

It is submitted that relevant documentary evidence in support of these allegations is already available with the DVAC. Based on such material, the ED is empowered to initiate proceedings under the PMLA.

When the matter was taken up for hearing before a division bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan, senior counsel NR Elango, appearing for Girirajan, argued that no action had been taken against the former ministers due to their political alliance and questioned whether such inaction was politically motivated.

Counsel N Ramesh, appearing for the ED, submitted that the High Court cannot direct registration of cases under the PMLA as such decisions fall within the domain of the competent authorities.

He further contended that the petitions, filed by an MP belonging to a political party against members of a rival political party, are politically motivated.

It was also submitted that all nine petitions are politically motivated, are not treated as Public Interest Litigation (PIL), and are not maintainable.

After hearing the submissions on both sides, the Bench reserved orders in the matter without specifying a date for pronouncement.