Supreme Court asks Tamil Nadu District Collectors to obey ED summons in sand mining case

Supreme Court directs Tamil Nadu District Collectors to respond to ED summons in illegal sand mining case.

The Supreme Court on Tuesday directed four District Collectors in Tamil Nadu to appear and respond to the summons issued by the Directorate of Enforcement (ED) in the “illegal” sand mining case, saying the State’s legal fight against the Central agency was “strange, unusual and thoroughly misconceived in law”.

“The District Collectors are bound to provide information to the ED. We are taking a stand here. You [State of Tamil Nadu] made an unnecessary issue out of nothing,” Justice Bela M. Trivedi, heading a Division Bench addressed senior advocates Kapil Sibal, Mukul Rohatgi and Amit Anand Tiwari, appearing for Tamil Nadu and the District Collectors in question.

The apex court lifted the stay passed by the Madras High Court in November last year on the ED summons to the District Collectors. The State and the District Collectors had separately moved the High Court against the summons. The next hearing in the High Court is scheduled on March 5. But the Bench said the High Court case may have become infructuous now.

“The District Collectors shall appear and respond to the summons in question issued by the ED on the next date indicated by the ED,” the Bench ordered.

It observed that Section 50(2) of the Prevention of Money Laundering Act (PMLA) empowered the ED to summon “any person” whose attendance was considered necessary for giving evidence or production of records in the course of “any investigation or proceeding” under the statute. Section 50(3) mandated that the individual summoned was “bound to attend in person or through authorised agents” and would be required to make truthful statements and produce the required documents.

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During the hearing, Justice Trivedi asked how the State of Tamil Nadu was “aggrieved” by the ED summoning the District Collectors of Vellore, Ariyalur, Karur and Tiruchi for information linked to the sand mining case.