NEW DELHI: The Supreme Court on Friday asked the Tamil Nadu government as to how and why it filed a writ petition before the Madras High Court challenging summons issued to five district collectors by the Enforcement Directorate in connection with a money-laundering case in alleged illegal sand mining scam.
"How the state can file writ petition and under which law and that too against ED," a bench of Justices Bela M Trivedi and Pankaj Mithal asked the Tamil Nadu government counsel.
Senior advocate Mukul Rohatgi for the Tamil Nadu government maintained that the state can and it would provide the authorities in this regard.
"How is the state interested and can file such petitions," the bench asked him.
During the proceedings, Rohatgi asked the court to keep the matter for hearing on Monday and that he will show judgments in support of his contention.
He said the officers are not criminals and the ED cannot investigate the offence.
On this, the bench said the district collector may file a plea in individual capacity.
Rohatgi said that the ED has got no right to investigate non-scheduled offences.
The bench said that there are four FIRs and there are offences that are scheduled offences under PMLA, and the ED can investigate.
Rohatgi said there are issues relating to federalism.
He asked the court to hear the matter on Monday.
The alleged illegal sand mining scam has brought five district collectors of Tamil Nadu under the scanner. The ED issued summons to them. After the state government filed a writ petition challenging the summons, the ED requested the Supreme Court to halt the interference.
