SC to examine if ED can file writs as Kerala, Tamil Nadu challenge HC ruling
SC to examine if ED can file writs as Kerala, Tamil Nadu challenge HC ruling
Supreme Court to rule on whether the Enforcement Directorate, treated as a statutory body, can file writ petitions before High Courts amid Kerala and Tamil Nadu challenges.
The Supreme Court on Tuesday agreed to examine whether the Enforcement Directorate (ED) is entitled to file writ petitions seeking relief before High Courts, after it admitted separate petitions from Kerala and Tamil Nadu challenging a Kerala High Court ruling.
A bench of Justices Dipankar Datta and Satish Chandra Sharma issued notices on the pleas, with senior advocate Kapil Sibal, appearing for Kerala, pointing out that the Kerala High Court's September 26, 2025 order would also affect Tamil Nadu, which has raised a similar objection to the ED’s move to approach the Madras High Court.
The Kerala High Court's order held that the ED is a statutory body, that its officers are designated statutory authorities, and that they are not deprived of their statutory right to seek recourse under Article 226 of the Constitution.
The case arose from a petition filed by the ED challenging the state government’s decision to constitute a Commission of Inquiry in the gold smuggling case. The matter took on political sensitivity after an audio clip by the prime accused alleging ED coercion to implicate high office holders, and a letter from a co-accused making similar allegations.
The Pinarayi Vijayan government subsequently asked the CoI to probe the audio clip and letter to ascertain the truth. The ED had approached the Kerala High Court in 2021 challenging the CoI order, while the state had raised a preliminary objection questioning the ED’s right to challenge a state order not connected with the Prevention of Money Laundering Act.
A separate question involves the ED's ability to seek relief before HCs under Article 226 as a juristic person, a matter the Supreme Court is now considering.
With the petitions in focus from Kerala and Tamil Nadu, the case could shape how the ED may challenge state actions in the future, and whether writs before High Courts remain available to the agency.
