Supreme Court Rebukes ED: Says Central Agencies Are Crossing All Limits

 

The Supreme Court on Thursday strongly reprimanded the Enforcement Directorate (ED), stating that central agencies are crossing constitutional limits and overstepping their authority. The remark came during a hearing on ED's actions in connection with a liquor license corruption case involving the Tamil Nadu State Marketing Corporation (TASMAC).

 

A bench comprising Justice Surya Kant and Justice KV Viswanathan questioned the ED's jurisdiction, especially after the Tamil Nadu government challenged the High Court’s earlier order that allowed ED to conduct searches and seizures against the state's Excise Department officials.

 

The Supreme Court observed that ED’s move to raid the head office of the State Marketing Corporation (TASMAC) and file an Enforcement Case Information Report (ECIR) for incidents expected in 2025 raised serious constitutional concerns.

 

Key Court Observations:

• The ED is misusing its authority under the pretext of preventing corruption and money laundering.
• Filing cases for events that haven’t even occurred yet (like in 2025) is beyond reasonable legal process.
• The Court warned that constitutional boundaries must be respected, and agencies cannot act arbitrarily under the guise of investigation.
• The Supreme Court questioned, “How can you raid a state-run entity and its future plans, without clear cause or evidence?”
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The Court further clarified that such actions create friction between state and central institutions, ultimately leading to misuse of power and public mistrust. It also asked for an explanation regarding the ₹1000 crore scam allegation, based on which ED had proceeded.

 

The case highlights growing judicial scrutiny over ED’s functioning, and this stern observation by the apex court may influence future reforms in regulating the authority and accountability of central investigative agencies.