Madras HC bench recuses from hearing petition filed by Tasmac against ED proceedings

CHENNAI: A division bench of the Madras High Court recused from hearing the petitions moved by the state government and Tasmac challenging the raid proceedings of the Directorate of Enforcement (ED).

A division bench comprising Justice MS Ramesh and Justice N Senthilkumar observed that they cannot continue with the case and recused themselves from hearing it. Further, the bench directed the registry to list the matter before the alternate bench.

On March 20, Tamil Nadu State Marketing Corporation (Tasmac), the state-run liquor retailer, moved the Madras High Court challenging the search and inquiry proceedings of the ED, alleging that the enforcement agency violated the basic structure of federalism and separation of powers.

Advocate General (AG) PS Raman, on behalf of the State, submitted that the ED was continuously violating the federalism policy and the principle of separation of powers. The officials and employees of Tasmac, including women, were harassed and detained by the ED for three days until midnight in the name of search, he added.

On behalf of Tasmac, senior counsel Vikram Chaudhary contended that the ED barged into a public organisation without communication in writing.

Additional Solicitor General (ASG) ARL Sundaresan, on behalf of the ED, objected: “The ED has issued a warrant to Tasmac officers and obtained acknowledgement. It doesn't have to take permission in writing,” he said.

After hearing the case, the bench had posted the matter on March 25, for ED's counter, however when the matter was called up on Tuesday, the bench recused itself from hearing.