‘ED Searches On TASMAC’: SC To List Plea Of TN Seeking Transfer Of Its Plea From Madras HC

Supreme Court

The Supreme Court on Friday agreed to consider a request by the Tamil Nadu government to transfer its petition challenging recent Enforcement Directorate searches on TASMAC from the Madras High Court to a high court outside the state.

The case revolves around the ED’s raids on TASMAC (Tamil Nadu State Marketing Corporation), the government-owned entity that controls liquor sales across the state. The raids, conducted as part of an ongoing investigation into alleged money laundering and financial irregularities, have drawn sharp reactions from the state government, which has accused central agencies of political targeting.

Court Bench Recuses

On March 25, a division bench of the Madras High Court, consisting of Justices M S Ramesh and N Senthilkumar, recused itself from hearing the petitions filed by TASMAC. The reasons for the recusal were not made public, but it led the state government to approach the Supreme Court, expressing concerns over whether a fair and impartial hearing could be ensured within the state.

State Seeks Transfer Of Case

The Tamil Nadu government has now filed a petition under Article 139A of the Constitution, which allows the Supreme Court to transfer cases from one high court to another. The plea argues that shifting the case outside Tamil Nadu is necessary to uphold the principles of natural justice and prevent any perception of bias or influence.

During Friday’s hearing, a bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, heard senior advocate Vikram Chaudhari, who appeared on behalf of the Tamil Nadu government. Chaudhari urged the court to list the matter urgently, noting that the next hearing in the Madras High Court is approaching and a decision is needed before that.

Taking note of the submissions, the Supreme Court agreed to consider listing the case for an early hearing. While the court has not yet fixed a date, the matter is expected to come up soon.

Background

The Enforcement Directorate had recently carried out searches at multiple TASMAC offices and other related premises as part of a probe into suspected violations of financial laws. The raids were reportedly based on intelligence inputs regarding irregularities in the procurement and sale of liquor, as well as possible links to money laundering.

The Tamil Nadu government has strongly opposed the ED’s actions, calling them politically motivated and an infringement on the state’s autonomy. The legal battle over the jurisdiction and fairness of the investigation is now poised to play out in the country’s top court.

This case is being closely watched, as it touches on broader issues of federalism, the role of central agencies in states, and the judiciary’s responsibility in ensuring impartial justice.