In a tussle between the Enforcement Directorate (ED) and the State of Tamil Nadu, the Supreme Court on Friday questioned the jurisdiction of the state in filing a writ petition before the Madras High Court challenging summons issued by the ED to five district collectors. The summons were part of the ED's probe into an alleged illegal sand mining scam in Tamil Nadu.

A bench comprising Justices Bela M Trivedi and Pankaj Mithal raised concerns over the state's involvement in challenging the ED's summons, suggesting that the district collectors could have individually contested the summons instead. The bench emphasized the duty of government servants to respond to such summons and cooperate with investigations.

The Madras High Court had previously granted an interim stay on the operation of the ED's summons to the district collectors in November 2023. This decision prompted the ED to file an appeal before the Supreme Court to challenge the High Court's stay order.

During the Supreme Court hearing, Additional Solicitor General SV Raju represented the ED, while Senior Advocates Mukul Rohatgi and Amit Anand Tiwari appeared for the Tamil Nadu government and the district collectors, respectively. Rohatgi argued that the district collectors have the right to seek relief in court, emphasizing that they are not criminals and questioning the ED's jurisdiction in issuing the summons without consent from the state government.

Tiwari added that the ED's summons did not pertain to criminal or scheduled offenses. The district collectors, along with the Tamil Nadu government, had jointly filed writ petitions challenging the ED's authority to issue such summons without the state's consent.

In its November 2023 ruling, the Madras High Court expressed doubts about the jurisdiction of the ED in issuing the summons, suggesting it might be part of a "fishing expedition." However, the High Court clarified that its decision did not impede the ongoing investigation by the ED.

The High Court also dismissed objections raised by the ED regarding the Tamil Nadu government's standing to challenge the summons.

The Supreme Court has now issued notices to the Tamil Nadu government and the five district collectors concerned, seeking their response in the matter. The case is scheduled for further proceedings on Monday, February 26th.

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