On Tuesday, April 8, the Supreme Court declined to entertain a plea by the Tamil Nadu Government and the Tamil Nadu State Marketing Corporation (TASMAC) that sought to transfer ongoing petitions from the Madras High Court to the apex court. These petitions challenge the Enforcement Directorate’s (ED) searches conducted at TASMAC offices.
As the matter came up before the bench, Chief Justice of India Sanjiv Khanna made it clear that the case should be heard and decided by the Madras High Court itself.
“Let it be decided there,”
— remarked CJI Khanna, dismissing the request for a transfer.
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The State had argued that the Supreme Court was already hearing certain petitions regarding the search and seizure of digital devices and sought consolidation for consistency. However, CJI Khanna pointed out a key distinction: the pending cases in the apex court deal with the seizure of journalists' devices, where privacy concerns are significantly heightened.
Solicitor General Tushar Mehta, opposing the transfer plea, argued that the matter of device seizure was not even raised in the High Court proceedings. He further suggested that the transfer plea amounted to:
“Forum shopping,”
— as stated by SG Mehta, implying that the petitioners were trying to choose a favorable court.
Following the bench’s reluctance to entertain the matter, Senior Advocate Mukul Rohatgi, appearing for the Tamil Nadu Government, opted to withdraw the transfer petition. The Supreme Court then formally passed an order permitting the withdrawal.
Meanwhile, the Madras High Court also noted its dissatisfaction with the State’s move to transfer the matter away from it.
The case originally began in the Madras High Court before a bench of Justice MS Ramesh and Justice N Senthilkumar. During the hearing on March 20, the bench questioned the ED’s actions and made an oral suggestion for the agency to pause its investigation.
However, before further proceedings could take place, the same bench recused itself from the matter. The case was subsequently reassigned to a new bench comprising Justice SM Subramaniam and Justice K Rajasekar, which scheduled the next and possibly final hearing for April 8.
The legal tussle continues, with all eyes on how the Madras High Court will adjudicate the matter between the State authorities and the Enforcement Directorate.
Case : State of Tamil Nadu vs Directorate of Enforcement T.P.(Crl.) No. 309/2025 & TASMAC vs Directorate of Enforcement T.P.(Crl.) No. 306-307/2025
