The Supreme Court on Friday decided to review a plea from the Tamil Nadu government seeking to transfer a case concerning the Enforcement Directorate’s (ED) raids on the state-run liquor retailer, TASMAC, from the Madras High Court to another high court outside the state. This move follows a request for an urgent hearing ahead of the next scheduled session in the high court, presented by Senior Advocate Vikram Chaudhari on behalf of the state government.
The plea, filed under Article 139A of the Constitution, which allows the Supreme Court to transfer cases between high courts, highlights the Tamil Nadu government’s concerns regarding local judicial handling of the matter. Chief Justice Sanjiv Khanna, alongside Justices Sanjay Kumar and KV Viswanathan, acknowledged the urgency of the issue, with the Chief Justice stating, “We will list it.”
This judicial development follows a significant step on March 25 when Justices M S Ramesh and N Senthilkumar of the Madras High Court recused themselves from hearing the case without providing specific reasons. The high court had previously ordered the Enforcement Directorate to submit copies of the FIR and Enforcement Case Information Report used in the TASMAC raids, which were part of a broader investigation into allegations of serious financial fraud involving distillery companies and illicit payments.
The initial high court directive also included a temporary oral injunction preventing the ED from continuing its operations at TASMAC’s headquarters, pending further judicial review scheduled for later that month.
TASMAC, in its petition, has argued that the ED’s actions, including the manner of investigation and the geographical scope within which it was conducted, were overreaching and potentially disruptive to state governance, invoking principles of federalism. The state-run enterprise also seeks to protect its employees from what it terms as harassment under the guise of investigation.
