E-Paper
Tamil Nadu collectors move SC, seek quashing of summons by ED
The Tamil Nadu government said the PMLA does not permit interference by the ED in the affairs of the state and to summon its officers for investigation
Chennai: Five district collectors of Tamil Nadu filed identical petitions separately in the Madras high court on Friday against summons issued to them by the Enforcement Directorate (ED) in a sand mining money laundering case. The state government has contested the summons saying that the BJP-led Union government is “using the ED as an instrument to harass, undermine and usurp the powers of states which are not ruled by them.”
The five IAS officers who are collectors of Ariyalur, Karur, Vellore, Thanjavur and Trichy were issued summons by the ED by e-mail on November 17. The state has asked for the summons to be quashed on the grounds that it is “without jurisdiction, unreasonable and is in violation of both the Prevention of Money Laundering Act (PMLA) 2002 and the Constitution.”
Tamil Nadu’s public department secretary K Nanthakumar filed the five petitions on behalf of the collectors stating that the federal agency is interfering in the domain of the state government which is mining leases for sand excavation.
The PMLA does not permit interference by the ED in the affairs of the state and to summon its officers for investigation, the state said. But in this case, the agency is using the legalisation with “unguided and unchecked power” to interfere in a state in “a pick- and-choose approach, in violation of the principles of federalism”, the state added . And “to impinge upon and hinder the power of the State Government to exclusively deal with its law and order situation, particularly in States not governed by the political party in power at the Centre.” Illegal sand mining is not a scheduled officer under the PMLA, the state said.
The ED has asked the district collectors for information on sand mines and issued summons to appear in person with their Aadhaar cards without giving them details of the case being investigated. The state said that this “fishing and roving enquiry” is an abuse of process and cannot be permitted. “It is respectfully submitted that under the garb of exercising powers under the PMLA, the authorities acting under it cannot initiate action in matters wherein they have no jurisdiction,” the state said. “Such action/ exercise of power would be vitiated on account of malice in law. It is submitted that the actions impugned herein are taken for collateral, oblique and improper purposes, clearly amount to colourable exercise of powers, and are wholly unsustainable.”
The petitioners said that as officials of the state they are neither accused nor witnesses and therefore, they cannot be summoned under the provisions of the PMLA unless a notification under clause (j) of Section 54 of the PMLA specifies that such officials may be issued. No such notification has been issued the district collectors concerned till date.
This “results in the usurpation of the powers of the State by the Centre through the Enforcement Directorate and is in stark contravention of the principle of federalism under the Constitution”, the affidavit read. There are several FIRs registered against illegal mining in each district, which are being investigated by the state. “The Respondent (ED) is merely attempting to conduct a fishing and roving enquiry into the mining affairs of the State with a view to harass and undermine the State machinery.”
