Madras High Court Fines ED ₹30,000 For Delay In Filing Counter-Affidavit

Chennai: The Madras High Court on Wednesday imposed a total fine of Rs 30,000 on the Enforcement Directorate (ED) for seeking additional time to file its counter-affidavit in three petitions challenging searches conducted at the premises of film producer Akash Bhaskaran and businessman Vikram Ravindran.

A division bench of Justices M.S. Ramesh and V. Laksminarayanan noted that during an earlier hearing, the court had granted the ED more time to file its counter as a "last opportunity".

When ED Special Prosecutor N. Ramesh sought yet another extension on Wednesday, the bench said it would allow the request but only upon payment of costs.

The court accordingly imposed a fine of Rs 10,000 in each petition, directing the ED to pay the amount before the next hearing.

The petitions challenged the ED’s search and sealing of the petitioners’ residential flats and office premises. According to the petitioners, the premises were locked at the time of the search, and the ED sealed them without prior notice.

Earlier, the High Court had directed the ED to produce the documents that formed the basis of the searches, and on examining the records, had observed that the authorisation for the searches appeared prima facie without jurisdiction, as there was no incriminating material against the petitioners.

The court also remarked that the materials presented by the ED bore no resemblance to actionable information warranting such proceedings. Consequently, the court had stayed all actions initiated by the ED in the matter.

During Wednesday’s hearing, counsel for the petitioners argued that there was nothing to connect them to the corruption cases linked to the Tamil Nadu State Marketing Corporation (TASMAC).

They submitted that the only link cited by the ED was that the petitioners’ phone numbers were saved in the mobile phone of TASMAC’s Managing Director. They pointed out that there was no evidence of calls or WhatsApp messages between the petitioners and any persons connected with the case.

Special Prosecutor Ramesh contended that the Directorate needed more time to file a "comprehensive counter" and that the case had recently been handed over to new officers following transfers.

The bench, however, declined to grant unconditional time, insisting that further extension would be allowed only upon payment of the fine. It granted the ED two weeks to file its counter-affidavits in all three petitions.

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