ED not a drone to attack at will on any criminal activity: Madras HC
Chennai (PT): The Madras High Court has observed that the ED was not a "drone" to attack at will, and nor was it a "super cop" to investigate anything and everything which comes to its notice.
A division bench of Justice M S Ramesh and Justice V Lakshminarayanan made the observations while hearing the plea by city-based RKM Powergen Private Ltd challenging the Enforcement Directorate (ED) seizing Rs 901 crore of its fixed deposits in connection with a PMLA case.
The ED action came on the basis of an FIR registered by the CBI in 2014 over the allocation of coal blocks for a power plant in Chhattisgarh earlier.
The agency filed a closure report in 2017 saying it found no irregularities in the allocation of coal blocks.
The CBI court did not agree with the closure report and wanted further probe in some aspects.
In 2023, CBI filed a supplementary final report, which found that there were sufficient incriminating materials warranting prosecution under sections of IPC and Prevention of Corruption Act.
Later, the ED conducted searches in the premises of directors and holding companies associated with RKMP. On January 31,2025 a freezing order was passed wherein the fixed deposit to the tune of Rs 901 crore was frozen by the ED. The company challenged the said order and the court set it aside.
The bench said that a careful perusal of Section 66(2) of PMLA points out that if during the course of investigation, the ED comes across violations of other provisions of law, then it cannot assume the role of investigating those offences also.
It is to inform the appropriate agency, which is empowered by law to investigate that offence. If that agency, on the intimation from the ED, commences investigation and registers a complaint, then certainly the ED can investigate into those aspects also, provided there are "proceeds of crime".
"In case, the investigating agency does not find any case with respect to the aspects pointed out by the ED, then the ED cannot suo motu proceed with the investigation and assume powers. The essential ingredient for the ED to seize jurisdiction is the presence of a predicate offence. It is like a limpet mine attached to a ship. If there is no ship, the limpet cannot work. The ship is the predicate offence and "proceeds of crime". The ED is not a loitering munition or drone to attack at will on any criminal activity," the bench said.
It further said that a perusal of the papers show that no complaint had been lodged with respect to any of the aforesaid alleged criminal activities. "The ED is not a super cop to investigate anything and everything which comes to its notice."
There should be a "criminal activity" which attracts the schedule to PMLA, and on account of such criminal activity, there should have been proceeds of crime, it said.
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Mamata visits Bhabanipur EVM strong room, warns against counting irregularities
Kolkata (PTI): West Bengal Chief Minister and TMC supremo Mamata Banerjee early Friday warned against any attempt to tamper with the counting process, hours after she visited an EVM strong room in Bhabanipur, alleging possible malpractice.
Banerjee, who emerged around 12:07 am after spending nearly four hours at the counting centre for her Bhabanipur constituency housed in Sakhawat Memorial School in south Kolkata, said only one person would be allowed inside the designated counting area.
"Either the candidate or one agent can stay upstairs. I have also suggested installation of a CCTV camera for the media," she told reporters.
Stressing the need for transparency, she said, "It is essential to maintain transparency. People’s votes must be protected. I rushed here after receiving complaints. The central forces initially did not allow me to enter."
Sounding a stern note ahead of the May 4 counting, she added, "If there is any plan to tamper with the counting process, it will not be tolerated."
On Thursday evening, Banerjee had reached the Bhabanipur Assembly segment counting centre, which houses the strong room for EVMs used in the April 29 polling, citing suspicion of tampering with the machines.
She entered the premises along with her election agent and remained inside for hours, even as Kolkata Mayor and TMC candidate from the Kolkata Port segment Firhad Hakim reached the spot but could not meet her.
"I reached here upon learning that the chief minister has arrived. But I couldn’t meet her since she was already inside the premises, exercising her right as a candidate to visit strong rooms. I wasn’t allowed there. I will not be able to confirm what exactly is transpiring inside," Hakim said.
The development coincided with protests by TMC candidates Kunal Ghosh and Shashi Panja outside the Khudiram Anushilan Kendra in north Kolkata, where they staged a sit-in alleging irregularities and possible tampering of EVMs stored in strong rooms, leading to face-offs between TMC and BJP supporters.
Earlier in a video message, Banerjee had urged party leaders, workers and polling agents to maintain a 24-hour vigil on EVM strong rooms, alleging that the BJP could attempt to tamper with the machines before counting begins.
Her remarks come amid heightened political tension in the state following a fiercely contested Assembly election, with parties closely monitoring arrangements and raising concerns over transparency.
