Madras HC Division Bench to hear TN govt’s petition on TASMAC searches on April 1
Chennai, March 31 (IANS) A Division Bench of the Madras High Court will hear an amended writ petition filed by the Tamil Nadu government on April 1, challenging the Directorate of Enforcement’s (ED) search and seizure operations at the Tamil Nadu State Marketing Corporation (TASMAC) headquarters in Chennai.
The searches were carried out between March 6 and March 8 this year.
The Bench, comprising Justices S.M. Subramaniam and K. Rajasekar, will also hear two separate writ petitions filed by TASMAC, seeking a declaration that the ED’s search and seizure operations were illegal.
Additionally, the court will consider the TN government’s request to restrain the ED from allegedly harassing its staff.
The state government amended its original plea following observations made by another Bench—Justices M.S. Ramesh and N. Senthilkumar—on March 20.
That Bench had questioned the possibility of issuing a blanket order barring the ED from conducting searches in TN without prior consent from the state.
Subsequently, the same Bench recused itself from the case after a preliminary hearing.
In its amended petition, the state government has asked the court to interpret the definition of ‘person’ under Section 2(1)(s) of the Prevention of Money Laundering Act (PMLA), 2002, in a way that excludes authorities, regulators, or officers of either the Central or State governments.
The government also seeks a declaration that State officers’ obligations under the PMLA should be limited to providing assistance to ED officials, as per the law.
Further, the petition requests that the ED be directed to engage only those officers who have been specifically authorised under Section 54 of the PMLA and to seek such assistance solely under that Section.
It also seeks to bar the ED from exercising its powers under Sections 17 (search and seizure) and 50 (summons, production of documents, and recording statements) on State government premises or State-owned corporations.
Meanwhile, Chennai-based activist S. Muralidharan has filed an impleading petition seeking permission to become a party to the proceedings. He intends to oppose the writ petitions filed by the TN government and TASMAC.
The three writ petitions—two by TASMAC and one joint petition by the State government and TASMAC—along with the activist’s impleading petition, have all been clubbed together and listed for hearing on Tuesday before the Bench of Justices Subramaniam and Rajasekar.
—IANS
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