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

6 months ago 39
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Since some  are probe agencies, however  tin  ED unit  constabulary  to enactment  connected  its findings, asks HC

CHENNAI: How tin Enforcement Directorate, being an investigating bureau itself, attack tribunal for a absorption to the Tamil Nadu police, which is different investigating agency, to registry cases based connected accusation it provided regarding alleged amerciable soil mining successful the state, Madras precocious court asked connected Friday.The archetypal seat of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan made the reflection connected a plea moved by ED seeking directions to the TN DGP to registry FIRs successful respect of cognizable offences disclosed nether Section 66(2) of PMLA done communications dated June 13, 2024, and July 18, 2024.Responding to the query, ED submitted that PMLA allowed it to petition different agencies to enactment upon its findings.

Opposing the plea, TN advocator wide P S Raman contended that authorities constabulary could not beryllium treated arsenic a "post office" to simply enactment connected ED's letters. He pointed retired that states similar UP, Bihar and Gujarat had 4 times arsenic galore soil mining cases arsenic TN, yet ED had not taken immoderate enactment there.To this, ED submitted the petition was filed lone successful nationalist involvement and having collected this overmuch evidence, it was acrophobic that the worldly not beryllium wasted. Responding to the argument, the AG said, "If nationalist involvement is the basis, tin the Tamil Nadu govt likewise attack Gujarat precocious tribunal seeking enactment connected amerciable soil mining successful the state?"A akin lawsuit was filed by ED earlier Supreme Court against the Delhi govt, successful which SC asked the bureau nether what close it had approached the tribunal with specified a prayer. Subsequently, the further solicitor wide said helium did not privation immoderate findings from the tribunal and withdrew the petition, Raman said.Since the AG submitted that the authorities was acceptable to pass the tribunal astir the aboriginal people of enactment done a antagonistic affidavit, HC adjo-urned the proceeding for 3 weeks.

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