Madras High Court's Big Rebuke To Probe Agency In Illegal Sand Mining Row
NDTV
In November last year the Madras High Court stayed - for three weeks - the agency's summons to five District Collectors and observed the ED had limited powers.
The Madras High Court has reprimanded the Enforcement Directorate for overstepping bounds while investigating illegal sand mining in Tamil Nadu and neighbouring Andhra Pradesh.
A bench of Justice MS Ramesh and Justice Sunder Mohan pointed out the federal agency could not claim jurisdiction since mining, illegal or otherwise, is not listed as a scheduled offence under the Prevention of Money Laundering Act. The High Court therefore stayed proceedings against the accused sand mining contractors and directed the ED to release seized properties.
"We are of the opinion that unless information with regard to any case (as a scheduled offence) is registered, and such an offence has generated proceeds of crime, which is dealt with by petitioners, no action can be initiated," the court said.
