Tamil Nadu moves Madras High Court against ED summons in illegal mining case; asks why no ED probe in BJP states

The Tamil Nadu government has moved the Madras High Court challenging the issue of summons by the Enforcement Directorate (ED) to district collectors in the State in a money laundering case that is allegedly tied to illegal sand mining..Notably, the Tamil Nadu government on Monday contended that the ED's probe was politically motivated and that the Central agency is seeking to conduct a roving inquiry through its summons. .Appearing for the DMK-led State government, Senior Advocate Dushyant Dave questioned why the ED was not taking similar action in Bharatiya Janata Party (BJP)-ruled states, where there are a large number of illegal mining cases reported. “If they are so concerned, then why no action in BJP ruled states like UP, Maharashtra that have hundreds of cases of illegal mining?” Dave asked.He added that he would ask the Tamil Nadu government to withdraw its petitions if the ED takes similar action in other states..The senior lawyer made the argument before a Bench of Justices SS Sunder and Sunder Mohan, who said that the Court will pass orders on the question of interim relief tomorrow."You (ED) have every right to ask for assistance but when you ask for this kind of general information - 'give us all FIRs registered on illegal mining over the last five years all over Tamil Nadu' - then it becomes a problem," the Bench orally observed during the hearing..Dave had argued that the issue of summons by the ED was an abuse of process of law. He further submitted that the predicate offence was against local miners and that the State government alone had the power to act in the matter.The senior lawyer added that if the Court did not intervene to halt the ED's summons, governing the State would become impossible."We have seen what is happening in Delhi," Dave added, possibly alluding to the long line of disagreements between the elected AAP-led government of Delhi and its Lieutenant Governor, VK Saxena..Meanwhile, Additional Solicitor General ARL Sundaresan appeared for the ED and opposed the State government's plea. He submitted that several FIRs have been registered in different districts in relation to illegal mining, which also involved scheduled offences under the Prevention of Money Laundering Act (PMLA)."Proceeds of crime have already been generated, concealed, transferred etc. we are bound to investigate into that. It is the wealth of the country that is being exploited," Sundaresan argued, while justifying the ED's actions..Sundaresan highlighted that when there is illegal mining, the money generated from such activity would be the "proceeds of crime", meaning that the ED would have jurisdiction over such cases. "Why should the State government shield somebody?" he argued further..The argument was strongly objected to by Dave, who replied that the State government was not shielding anyone..Interim orders are expected to be passed in the matter by the Court on Tuesday, November 28.