The Madras High Court on Wednesday dismissed petitions filed by the Tamil Nadu government and TASMAC challenging the Enforcement Directorate’s search and seizure operation at TASMAC headquarters conducted from March 6–8.
| Photo Credit:
BIJOY GHOSH
The Madras High Court on Wednesday dismissed pleas filed by the Tamil Nadu State Marketing Corporation (TASMAC) and the Tamil Nadu government challenging the search and seizure operation carried out by the Directorate of Enforcement (ED) at the corporation’s headquarters between March 6 and 8.
The ED is at liberty to proceed with all further actions under the Prevention of Money Laundering Act, 2002 (PMLA), says an order issued by a division bench of Justice SM Subramaniam and Justice K Rajasekar. Justices SM Subramaniam and K Rajasekar. The citizens will be the best judge to decide whether there is any political motive behind the search operation, the order said.
TASMAC (the petitioner) argued that the power of the respondent (ED) relating to the investigation of the offence of money laundering without the consent of the concerned State is violative of the basic structure of federalism and separation of powers. Such enquiry/investigation by the respondent can be carried out only at the request of the State Agencies/State Government or by or under the directions of the Constitutional Courts, TASMAC said.
However, the court observed that a raid or a search by an investigating agency must be discreetly planned and executed to ensure the offenders are caught off guard. How can an investigating agency conduct a fair and safe search if all the employees are allowed to leave the premises, the court asked. “It is unfortunate that in the present case a mere search was conducted and the petitioners with complete whimsical arguments have approached this Court seeking for declaring the search itself as illegal,” it said.
If this court accepts that such a search conducted by an investigating agency is harassment, it can lead to a floodgate of litigations where every citizen of this country bound by the rule of law starts alleging harassment on every procedure detailed under our criminal procedure system, the court said. Eventually, what matters the most is the ‘Will of the People,” the court observed.
The court thus noted that the Directorate of Enforcement is at liberty to proceed with all further actions under PMLA. Consequently, all Writ Miscellaneous Petitions are closed, and the writ petition is dismissed, it said.
Published on April 23, 2025