The Supreme Court on Friday questioned the Tamil Nadu government for approaching the Madras High Court against the Directorate of Enforcement summoning the district collectors in a matter relating to alleged illegal sand mining case.
Justice Bela M. Trivedi heading a bench also comprising Justice Pankaj Mithal asked “How can the state file an appeal? The collectors could have challenged the summons personally, but not the state.”
Responding to the poser from the bench, senior advocate Mukul Rohatgi asserted that the State can approach the High Court in writ jurisdiction under Article 225 of the constitution. Under Article 226, the High Courts have powers to issue certain writs.
As Rohatgi opposed the Directorate of Enforcement’s appeal against an interim order of the Madras High Court staying the summons issued to the district collectors to appear before it, Justice Bela Trivedi asked, “The ED wants information. Are they not supposed to cooperate with the investigating agency?”
Insisting that the Tamil Nadu government can approach the High Court against the summoning of the district collectors by the Enforcement Directorate, Rohatgi sought time till Monday – February 26, when he can place before the court material supporting his position.
The Additional Solicitor General S.V. Raju, appearing for ED, told the bench that the district collector has been summoned to furnish information and not as an accused.
“The district collectors are not accused, only witnesses. Only information has been sought from them in their official capacities. This is why summonses have been issued”, ASG Raju told the bench.
The Enforcement Directorate has approached the top court against Madras High Court’s interim order staying the ED’s summonses to district collectors in Tamil Nadu.