On Tuesday a stern warning was issued by the Supreme Court to District Collectors in Tamil Nadu for their failure to adhere to summons issued by the Enforcement Directorate (ED). 

Expressing deep concern, the apex court, comprising a bench of Justices Bela M Trivedi and Pankaj Mithal, highlighted what it termed a "cavalier attitude" displayed by the officials towards the summonses issued by the central agency.

The genesis of the matter lies in an appeal filed by the ED against the Madras High Court's decision to stay its summons to five district collectors in Tamil Nadu in connection with an alleged sand mining scam. 

The High Court, in its interim order, had opined that the ED's summons seemed to be part of a "fishing expedition" and questioned the jurisdiction of the agency to issue such summonses to state officials. However, it's worth noting that the High Court clarified that it did not impose a stay on the ongoing investigation by the ED.

Subsequently, the Supreme Court, in February, lifted the stay imposed by the High Court and directed the summoned district collectors to appear before the central agency. The apex court deemed it "strange" and "unusual" for the Tamil Nadu government to have challenged the ED's summons in the first place, emphasizing the importance of respecting and responding to such summonses under Section 50 of the Prevention of Money Laundering Act (PMLA).

During the recent hearing, Senior Advocate Kapil Sibal, representing the Tamil Nadu government, cited the ongoing Lok Sabha elections as a reason for the officers' inability to comply with the ED's summonses. Sibal also mentioned that a review application had been filed against the order lifting the stay on the summonses.

However, the Supreme Court, while acknowledging the significance of the elections, reiterated the obligation of the officers to comply with the ED summonses. The Court expressed dissatisfaction with the officials' defiance of its directives and emphasized that such behavior could lead to serious consequences for them. Despite arguments from Sibal regarding the unavailability of the sought-after information and the State's electoral commitments, the Court maintained its stance on the necessity of compliance with the ED's summonses.

In its final order, the Supreme Court granted the officers additional time, allowing them to appear before the Enforcement Directorate after the conclusion of the Lok Sabha elections in Tamil Nadu. Additionally, the Court warned of strict action in case of any further non-compliance, underscoring the gravity of the situation.

Case: Directorate of Enforcement vs. State of Tamil Nadu and ors.