‘Illegal’ sand mining: SC questions TN govt over writ petition challenging ED summonses to DCs

The Supreme Court on Friday (February 23) questioned the Tamil Nadu government as to how it can file a writ petition challenging summonses issued by the Enforcement Directorate (ED) to five District Collectors in an alleged illegal sand mining scam.

A Bench of Justices Bela M Trivedi and Pankaj Mithal was hearing a petition filed by the ED against the Madras High Court order that stayed the summonses issued by the agency to the District Collectors to question them in connection with its investigation.

'How is the State aggrieved?'

During the hearing on Friday, Justice Trivedi asked the Tamil Nadu government, “How can the state file this writ petition? Under which law... You satisfy us on how state is interested and how it can file this writ petition against the Enforcement Directorate. How is the state aggrieved? We’ll stay this order.”

Representing Tamil Nadu, senior advocate Mukul Rohatgi argued in the apex court that the ED has no authority to probe non-scheduled offences.

Justice Trivedi said the ED can probe with regard to scheduled offences as per Section 50 (PMLA) and added that the District Collectors could have challenged the summonses in their individual capacity, and they have to respond as government servants.

“The district collectors have to respond as government servants. Section 50 of the PMLA empowers the ED to conduct a kind of preliminary inquiry,” Justice Trivedi said.

The next hearing is on February 26.

Background

In November 2023, the ED, which is probing alleged illegal sand mining under the PMLA had apprised the Madras High Court that it is in possession of credible scientific evidence.

Such evidence established rampant illegal mining in the jurisdiction of various district collectors including the five officials to whom summons had been issued.

The Madras HC Bench had said the ED can go ahead with its probe into the alleged sand mining in the state.

The state public department secretary K Nanthakumar had filed the plea on behalf of the district collectors of Ariyalur, Vellore, Thanjavur, Karur and Tiruchirapalli.

The petition sought to quash the summons issued by the ED which asked them to appear in person on various dates with details related to sand mining in their respective districts.

Union government's response in Parliament

In December 2023, the Union government informed the Parliament that the ED has requested the Tamil Nadu Police chief thrice to share FIRs related to illegal sand mining in the state but “no response” has been received till now.

Minister of State for Finance Pankaj Chaudhary said the central probe agency is investigating “several cases related to illegal river sand mining under the provisions of the Prevention of Money Laundering Act, 2002 including in the states of Tamil Nadu, Himachal Pradesh, Haryana, Odisha, Punjab and Bihar”.

Chaudhary said the ED has “surveyed 28 permitted mining quarry sites in Tamil Nadu by engaging services of technical experts from IIT Kanpur during the period from 07.10.2023 to 05.11.2023”.

(With agency inputs)