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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Conspiracy afoot to 'tarnish' image of Dharmasthala: Deputy CM DK Shivakumar
Bengaluru, Aug 14 (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Thursday said there was a “conspiracy” to tarnish the image of Dharmasthala.
His comments come amid an ongoing investigation by a Special Investigation Team (SIT) into serious allegations of mass burials in the revered temple town in Dakshina Kannada district.
“A conspiracy is being hatched to destroy hundreds of years of legacy. It is not correct to tarnish someone just like that. It has all happened due to one complainant,” he said.
Noting that some Congress MLAs have called for action against those involved in the slander campaign at the legislature party meeting, he said, “ I have told them that action must be taken against those who are indulging in a slander campaign. The CM has also said that action must be taken against such people.”
“I have information on this case. Religious feelings should not be hurt in any manner. Culprits must be punished,” he told reporters, according to a release from his office.
Responding to a question, Shivakumar said the Congress party will not allow the image of any religious place to be tarnished.
“We see everyone equally when it comes to religion,” he added.
The SIT, formed by the state government, is probing claims of mass murder, rape, and mass burials in Dharmasthala over the past two decades.
The complainant, a former sanitation worker whose identity has not been revealed, alleged that between 1995 and 2014 he was forced to handle bodies—including women and minors—and that some showed signs of sexual assault. He has given a statement before a magistrate.
As part of the probe, the SIT has been conducting exhumations at multiple locations identified by the complainant-witness in the forested areas along the banks of the Netravathi River in Dharmasthala, where some skeletal remains have been found at two sites so far.
