The Supreme Court questioned the Tamil Nadu government’s successful intervention in the Madras High Court to get a stay of summons issued by the Directorate of Enforcement (ED) to five District Collectors in connection with a money laundering case linked to “illegal” sand mining.
“How can the State file a writ petition against the Enforcement Directorate? How is the State aggrieved? How is the State interested? Let the Collectors respond to the summons… Are they not supposed to cooperate with the investigative agency?” Justice Bela M. Trivedi quizzed the Tamil Nadu government, represented by senior advocate Mukul Rohatgi.
Mr. Rohatgi countered that the actions of the Central agency infringed on federalism and separation of powers. Tamil Nadu argued that any investigation related to money laundering in relation to a predicate offence arising out of and within the territorial limits of a State could be done only at the request of the State or by the directions of the constitutional courts.