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Supreme Court to Weigh ED’s Right to Invoke Article 226 After Kerala, Tamil Nadu Pleas

The bench issued notice returnable in four weeks without granting a stay.

Overview

  • The petitions challenge a Kerala High Court ruling that treated the Enforcement Directorate as a statutory authority entitled to file writ petitions.
  • The Supreme Court will consider whether the Directorate of Enforcement qualifies as a juristic person with capacity to sue or be sued.
  • Kerala argues an ED officer lacks independent legal personality to maintain a writ and cites the Chief Conservator of Forests precedent.
  • Tamil Nadu supports Kerala and accuses the agency of misusing High Court writ jurisdiction, pointing to a case tied to alleged illegal mining.
  • The dispute arose from ED’s challenge to a state-appointed inquiry into alleged coercion claims linked to the 2020 Kerala gold-smuggling probe.