ED admits it lacks power to seal locked premises during searches, after Madras HC rebuke
Chennai: The Enforcement Directorate (ED) on Tuesday informed the Madras High Court that it does not possess the legal authority to seal premises that are locked at the time of search operations under Section 17 of the Prevention of Money Laundering Act (PMLA), 2002.
This admission came during a hearing of writ petitions filed by film producer Akash Baskaran and his associate Vikram Ravindran, who alleged that ED officials had sealed their office in Semmenchery and a rented residential flat in Poes Garden, Chennai, on May 16 after finding them locked during a search.
Appearing before a division bench comprising Justices M.S. Ramesh and V. Lakshminarayanan, Additional Solicitor General S.V. Raju stated, “ED does not have power to seal. The lordship is right in that aspect. Under Section 17, the ED has powers to break open the lock. But we did not want to escalate the situation.”
Justice Ramesh, observing the ED’s conduct, remarked that it was not merely the PMLA that was evolving with new interpretations but also the “officials of the Enforcement Directorate who are evolving day by day by expanding their powers.”
The ED’s counsel offered to withdraw the notices and allow the petitioners access to their premises. However, the bench noted that the language of “permitting” the petitioners to enter created an impression that the ED had the authority to prohibit them in the first place. “From where do you get the power to prevent an individual from entering his home or office?” Justice Lakshminarayanan asked.
ED Special Public Prosecutor N. Ramesh denied that the premises had been sealed and claimed that officials had only affixed notices instructing the occupants to contact the agency regarding an ongoing money laundering probe.
However, Justice Ramesh countered that the notices clearly stated the premises should not be opened without permission from the ED, which could reasonably be interpreted as sealing. Justice Lakshminarayanan further observed that “no sane person” would risk ignoring such a notice out of fear of criminal consequences.
The case adds to a growing list of judicial criticisms against the agency. On May 23, a Supreme Court bench led by Chief Justice B.R. Gavai had strongly rebuked the ED, remarking that “The ED is crossing all limits… you are totally violating the federal structure of the country.”
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AIITA welcomes Karnataka’s ban on obscene songs in school events
Bhatkal: The Karnataka unit of the All India Ideal Teachers Association (AIITA) has welcomed the Karnataka government’s decision to strictly ban school children from dancing to obscene songs during educational and cultural programmes in government, aided, and private schools across the state.
AIITA Karnataka State President M. R. Manvi congratulated the government for taking what he termed an important step to preserve the sanctity of education.
“Such decisions to safeguard the dignity of school children and uphold the values of education are the need of the hour. This rule should not be limited to government schools alone but must be strictly implemented in all private educational institutions as well,” he said.
He further urged the government to address other concerns within school programmes.
“The government should not only prohibit obscene dances in the name of school anniversaries, but also ensure that plays and dialogues that incite religious hatred are avoided. Schools should be centres of harmony, not platforms for spreading hatred,” he added.
According to a recent circular issued by the Department of School Education and Literacy, obscene dances are adversely affecting the mental health and moral values of students.
In this regard, schools have been advised to use songs that promote nationalism, positive thinking, the greatness of Kannada culture, and value-based traditions instead of inappropriate content during programmes.
The circular also emphasises that students should be dressed in decent attire.
AIITA also backed the department’s warning that disciplinary action would be taken against head teachers if such guidelines are violated. The association has further demanded that district Deputy Directors of Public Instruction strictly monitor the implementation of these rules.
