Cleared – mani
Chennai: Reacting to the allegation of the Tamil Nadu govt and Tasmac authorities that the Enforcement Directorate (ED) conducted raids at Tasmac offices till midnight, violating the human rights of its staff, Madras high court wondered whether the state police does not conduct such late-night raids. “The state is functioning for the people. It must act against corruption,” a division bench of Justice S M Subramaniam and Justice K Rajasekar said on Tuesday.
The court then adjourned the hearing of pleas moved by the govt and Tasmac to declare the ED searches as illegal to April 8 for the final hearing. In its counter to the petitions, the ED submitted that the pleas are not maintainable in law, being premature and filed with the sole motive to derail the lawful investigation carried out under the provisions of the Prevention of Money Laundering Act (PMLA), 2002.
As to the allegation of violation of human rights, the ED contended that Tasmac as a company cannot raise the averment, which can only be in the personal knowledge of the individuals concerned whose fundamental rights were allegedly violated. “The search proceedings ended in three days during which officers of the ED ensured that all employees who were present were given adequate rest. No staff, let alone any female staff, was forced to stay and were permitted to go home at night, keeping all safety measures,” the ED said.
It is incorrect to suggest that such search action conducted under the PMLA can be construed as unlawful detention. Moreover, the duration of the search cannot render the search illegal, and such a proposition is preposterous, it added. Regular breaks were provided during statement recording, with no session lasting more than two and a half hours at a stretch, the agency said.
“The officers of the ED took meticulous efforts for the safety and well-being of all employees of Tasmac. All women employees were given the option to leave the premises before nightfall,” it said. Denying the allegation that offences under the Tamil Nadu Prohibition Act, 1937, are not a scheduled offence under PMLA, the ED said, “The present investigation is not based on violations of the Tamil Nadu Prohibition Act, but on specific scheduled offences under the PMLA and IPC.”
The petitioner’s characterization of the search as a fishing expedition or roving inquiry is entirely without basis. The search was meticulously planned and targeted specific evidence of money laundering activities based on credible intelligence and investigation of predicate offences, the agency said.
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