Sand Mining Probe: TN Govt Moves HC Challenging ED Summons

The Tamil Nadu government and five district collectors have approached the Madras High Court challenging the summons issued by the Enforcement Directorate (ED) in connection with its probe under the Prevention of Money Laundering Act into alleged illegal sand mining in the state.

The petition filed by State Public Department Secretary K. Nanthakumar on behalf of the District Collectors of Ariyalur, Vellore, Thanjavur, Karur, and Tiruchirapalli is likely to come up for hearing on November 27.

In the petition, Nanthakumar submitted that the ED, under the guise of investigation, has issued summons to various district collectors, seeking information on all sand mines in their districts in a fishing and roving inquiry.

The ED has issued summons to the district collectors, directing them to appear before it on various dates allegedly for conducting an investigation under the Prevention of Money Laundering Act (PMLA).

He mentioned that the summons direct the collectors to appear in person with a copy of their Aadhaar card and submit details of all sand mining sites in their districts.

The summons have been issued illegally, contrary to the provisions of the Act, and with a view to harassing and undermining the state machinery by conducting a fishing and roving inquiry.

The ED has called for the records of all mining sites within a district without any regard to the mining site being investigated. Such wide, untrammeled inquiries are an abuse of process and cannot be permitted, he pointed out.

The official further stated that the summons issued to the collectors to furnish the details result in the usurpation of powers of the state by the Centre through the ED and are in stark contravention of the principles of federalism under the Constitution.

Additionally, there were several FIRs registered regarding illegal mining in each district, which were being duly investigated by the state machinery.

The district collectors have neither been served with a copy of the Enforcement Case Information Report nor the details of the probe being conducted, and thus, have been deprived of any knowledge of the allegations and the background to the issues being sought to be investigated by the ED.

The summons have been issued without specifying whether the district collectors were accused or witnesses to give evidence as required by the ED.

The senior official stated that sand, a minor mineral, is a subject matter under the Constitution over which the state exercises exclusive power. Therefore, the ED is not entitled to inquire and investigate into the subject matter or matters connected therewith.