Since both are probe agencies, how can ED force police to act on its findings, asks HC

CHENNAI: How can Enforcement Directorate , being an investigating agency itself, approach court for a direction to the Tamil Nadu police , which is another investigating agency, to register cases based on information it provided regarding alleged illegal sand mining in the state, Madras high court asked on Friday.

The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan made the observation on a plea moved by ED seeking directions to the TN DGP to register FIRs in respect of cognizable offences disclosed under Section 66(2) of PMLA through communications dated June 13, 2024, and July 18, 2024.

Responding to the query, ED submitted that PMLA allowed it to request other agencies to act upon its findings. Opposing the plea, TN advocate general P S Raman contended that state police could not be treated as a "post office" to merely act on ED's letters. He pointed out that states like UP, Bihar and Gujarat had four times as many sand mining cases as TN, yet ED had not taken any action there.

To this, ED submitted the petition was filed only in public interest and having collected this much evidence, it was concerned that the material not be wasted. Responding to the argument, the AG said, "If public interest is the basis, can the Tamil Nadu govt similarly approach Gujarat high court seeking action on illegal sand mining in the state?"

A similar case was filed by ED before Supreme Court against the Delhi govt, in which SC asked the agency under what right it had approached the court with such a prayer. Subsequently, the additional solicitor general said he did not want any findings from the court and withdrew the petition, Raman said.

Since the AG submitted that the state was ready to inform the court about the future course of action through a counter affidavit, HC adjo-urned the hearing for 3 weeks.