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Sand Mining Probe: SC Warns ED Against Harassing Tamil Nadu Collectors

Sand Mining_LegallySpeaking

The Supreme Court on Monday instructed the Enforcement Directorate (ED) to refrain from unnecessarily pressuring the collectors of five districts in Tamil Nadu, following the state’s complaint about officials being detained at the central agency’s offices until 8:30 p.m. in connection with a money laundering investigation related to alleged illegal sand mining.

On April 2, the apex court had reprimanded the five district collectors for failing to physically appear before the ED despite orders, directing them to personally present themselves before the agency on April 25.

During Monday’s hearing, senior advocate Kapil Sibal, representing the state, informed a bench of Justices Bela M Trivedi and Pankaj Mithal that the district collectors had indeed appeared before the ED. The ED’s counsel acknowledged their appearance but stated that no details or documents had been provided to the central anti-money laundering agency thus far.

Sibal contested the ED’s assertion, stating that all information requested by the probe agency had been furnished in response to the summons. The bench instructed the ED’s counsel to specify the documents not yet supplied by the district collectors. Sibal highlighted that the officials were made to wait until 8:30 p.m., prompting the bench to reiterate that such treatment was unacceptable.

When the lawyer indicated he needed to investigate further, the bench cautioned against unnecessarily harassing the collectors. The apex court requested the ED to submit a report detailing precisely which documents were requested through the summons but have not been produced by the officers.

The matter was adjourned for further hearing in July. During the April 2 hearing, the bench criticized the officials for their “cavalier approach,” expressing dismay at their lack of regard for the court, law, and the Constitution. The bench emphasized that their failure to comply with court orders created a negative impression and strongly condemned such behavior.

On February 27, the Supreme Court had directed the five district collectors to appear before the ED concerning the probe.

The Madras High Court had previously stayed the summons issued by the central probe agency to the district collectors of Vellore, Tiruchirappalli, Karur, Thanjavur, and Ariyalur. The ED had appealed to the Supreme Court against the high court’s decision, arguing that it would impede its investigation. The Supreme Court suspended the high court order granting relief to the district collectors, noting that Tamil Nadu’s plea was unusual and could hinder the ED’s inquiry.

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