New Delhi. Continuous action is being taken by the Enforcement Directorate i.e. ED. A few weeks ago, ED had summoned the collectors of 4 districts of Tamil Nadu for questioning along with proper documents in a case related to sand mining. Despite summons being issued by ED, these four did not appear before the investigating agency. After this the matter reached the Supreme Court. The bench of Justice Bela M. Trivedi heard this case. Senior advocates Kapil Sibal and Amit Anand appeared in the court on behalf of Tamil Nadu, while senior advocate Mukul Rohatgi presented arguments on behalf of the collectors of Vellore, Ariyalur, Karnur and Tiruchi. During the hearing, Kapil Sibal argued that they (collectors of the four districts) are neither witnesses nor accused, so can ED summon anyone in this manner. On this, the Supreme Court said in clear words that yes… the investigating agency can summon anyone for questioning for any information. The apex court also ordered the collectors of the four districts to appear before the ED.
Actually, this entire matter is related to sand mining sites in all four districts. The four collectors of Tamil Nadu told the Supreme Court that there is voting for the Lok Sabha elections in the state on April 19 and they are busy preparing for it. Therefore, he is unable to appear physically before the investigating agency. Besides, they also need time to gather information. The District Magistrates of the four districts told the court that the information sought by the investigating agency is related to other departments of the district. In such a situation, it is necessary to collect them and verify them. However, the court rejected his argument. The bench of Justice Bela M. Trivedi, which was hearing the case, said that his (collectors of the four districts) behavior shows very little respect for the Supreme Court’s order of 27 February. In its order, the court had ordered all four to appear before the ED.
‘I am speechless…’, Abhishek Manu Singhvi said on SG Tushar Mehta’s argument, SC judge Justice Nagarathna also smiled and…
SC bluntly on Kapil Sibal’s argument
Senior advocate Kapil Sibal, who appeared in the Supreme Court on behalf of Tamil Nadu, said that the officials are gathering information to provide the information sought by the ED. He is a District Magistrate, hence he has many other responsibilities including maintaining law and order. On this, Justice Trivedi said in a clear tone that collectors should respect the orders of this court. On this, Kapil Sibal said, ‘They (collectors of the four districts) are neither witnesses nor accused… Can ED call anyone like this?’ On this, the Supreme Court bench headed by Justice Bela M. Trivedi said – Yes, they can do this.
Supreme Court order
Earlier, in its order given on 27 February 2024, the Supreme Court had ordered the collectors of the four districts of Tamil Nadu to appear before the ED. However, all of them did not appear before the apex court. Later, citing the Lok Sabha elections, he expressed his inability to appear in person. Rejecting his reply, the court has ordered him to appear before the ED on April 25.
,
Tags: Directorate of Enforcement, supreme court of india
FIRST PUBLISHED: April 4, 2024, 09:48 IST