SC asks Tamil Nadu district collectors to appear before ED in probe related to illegal sand mining

The central probe agency had summoned the district collectors of Vellore, Tiruchirappalli, Karur, Thanjavur and Ariyalur in connection with its probe in the money laundering case related to alleged illegal sand mining.

New Delhi: The Supreme Court on Tuesday said that the Tamil Nadu's district collectors should appear before the Enforcement Directorate as those summoned by the agency are required to respect and respond to it.

The court stayed the Madras High Court order, which had in November, last year halted the summons issued by the ED against the district collectors in connection with sand mining scam case. It said state government's plea against summons was prima facie on misconception of law.

A bench of Justices Bela M Trivedi and Pankaj Mithal said a very strange and unusual writ petition has been filed by the State of Tamil Nadu along with additional chief secretary, district collector against the ED, which would indirectly stall or derail the investigation being made by the ED based on FIRs registered for offences some of which are scheduled offences under the Prevention of Money Laundering Act (PMLA).

The bench said that prima facie under Section 50 of the PMLA, the accused has to respect and respond to the summons by the Enforcement Directorate. 

The court said the accused has to appear if called by ED and produce evidence if needed in accordance with proceedings under PMLA law.

The court fixed the matter for further hearing after four weeks.

On Monday, the Supreme Court told Tamil Nadu government counsel that state or its officers, should help the Enforcement Directorate (ED) for finding out if any offence is made out against any person, and emphasized that state has to comply with laws enacted by the Parliament, while quizzing the state as to how it is aggrieved in the matter. 

“If the state machinery is asked to help, what is the prejudice caused,” the bench had asked the state government counsel.

The court had said if district collector was aggrieved, he could have moved the court in individual capacity.

The court had said under Article 25 of the Constitution, states have to comply with central laws and cited the enactment of Prevention of Money Laundering Act by the Parliament. Sibal said mining is not a scheduled offence.

The alleged illegal sand mining scam has brought five district collectors of Tamil Nadu under the scanner, with the ED issuing summons to them. After the state government filed a writ petition challenging the summons, the ED asked the Supreme Court to halt the interference.