Madras High Court halts ED’s summon to 5 Tamil Nadu officers, Deeming them ‘Completely Illegal’

The Madras High Court has granted a three-week stay on the Enforcement Directorate’s (ED) summon to five district collectors in Tamil Nadu regarding alleged illegal sand mining. The court’s decision follows a petition filed by the state Public Department Secretary, K Nanthakumar, on behalf of collectors from Ariyalur, Vellore, Thanjavur, Karur, and Tiruchirapalli districts.

The petition challenges the validity of the ED’s summons under the Prevention of Money Laundering Act (PMLA), claiming the agency’s extensive and arbitrary issuance of summons to district collectors under the guise of investigation.

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The Tamil Nadu government contends that the ED lacks direct authority to summon district collectors, arguing that the agency should seek assistance through the state government. It emphasizes the need for a balanced approach, stating that the ED’s power to investigate without state consent infringes upon federalism.

In response, the ED maintains its authority to summon both private individuals and government officials under the PMLA. The agency argues that Parliament has granted it the power to investigate such offenses independently and highlights the alleged involvement of over ₹4,500 crore in the illegal sand mining case, with funds routed through clandestine methods like hawala transactions and shell companies.