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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4 workers die after being buried under coal slurry in Jharkhand's Dhanbad
Dhanbad (Jharkhand) (PTI): At least four workers died after being buried under coal slurry in Jharkhand's Dhanbad district on Saturday, a police official said.
The incident took place at Moonidih coal washery in the command area of Bharat Coking Coal Limited (BCCL).
"Bodies of all four workers were dug out of debris during a rescue operation," Putki police station in-charge Waqar Hussain told PTI.
The incident took place when coal slurry was being loaded into trucks by workers, during which a large chunk of slurry fell and trapped several workers underneath, officials said.
The deceased have been identified as Manik Bauri, Dinesh Bauri, Deepak Bauri, and Hemlal Gope.
Meanwhile, the family members of the deceased and local villagers placed the bodies in front of the washery gate and began a protest.
They demanded compensation, jobs for dependents and action against those responsible for the incident.
Police and administration officials are trying to pacify the protesters, an official said.
