The madras high court has ordered an interim stay on the summons sent by the Enforcement Department to the district Collectors to appear for the investigation related to the sale of illegal sand. For the past few days in tamil Nadu, the Enforcement Department real estate company has conducted a series of inspections in sand quarries. After this, it was alleged that the sand quarries were sold in excess of the amount fixed by the government and that the proceeds from the sand contract quarries were exchanged illegally. Following this, the Enforcement Department has issued summons to the respective district Collectors of Trichy, thanjavur, Karur, ariyalur and Vellore to appear with details of sand quarries and licenses issued to them along with Aadhaar card details.
The General Secretary of the government of tamil Nadu, the Additional Chief Secretary of the Water Resources Department, the district Collectors of Trichy, thanjavur, Karur, ariyalur and Vellore have jointly filed a case in the madras high court demanding the cancellation of these summonses. The bench of Justices S.S. Sundar and Sundar Mohan heard these petitions. At that time, in the case of the tamil Nadu government, the enforcement department cannot conduct an investigation on the basis of a law which is not included in the Prohibition of Illegal Money Transfer Act. B.J. No action was taken in the cases in the ruling states. The enforcement department has taken action against the concept of federalism. Details can be obtained from various district Collectors. May be requested to assist in investigation. It said that summons cannot be issued.
The enforcement department has no jurisdiction to investigate sand robbery. It was argued on behalf of the government of tamil Nadu that the summons sent to interfere in the affairs of the State government should be banned. At the same time, on the part of the enforcement department, this case is not suitable for investigation. The enforcement department has the power to investigate as the case has been registered not only under the Mineral Resources Act, but also under sections of the indian Penal Code and the Prevention of Corruption Act. The investigation is at an early stage. 4,500 crore was said to have been illegally remitted.
The case related to the murder of a village administrative officer who stopped sand robbery in Thoothukudi district and the cases related to excessive sand extraction in Dindigul, Theni and thanjavur districts have been investigated. None of those summoned are accused. The enforcement department argued that the state government could not block the investigation. Following this, the bench of Justices S.S. Sundar and Sundar Mohan, who issued an interim order in this case, said that these petitions, which questioned the jurisdiction of the enforcement department, were suitable for investigation.
As the supreme court has said that the Enforcement Department can investigate the proceeds of crime only if there is evidence, the judges said that they could not accept the argument of the Enforcement Department. They ordered an interim stay on the summons. On the other hand, the judges said that they did not prohibit the investigation and gave three weeks time to the tamil Nadu government to respond to the objection petition filed by the Enforcement Department and adjourned the hearing to december 21.