Supreme Court Asks Tamil Nadu Govt To Give Details Of FIRs In Illegal Sand Mining Cases

The Supreme Court today called on the Tamil Nadu government to furnish details of all FIRs registered in relation to the alleged Rs.4730 cr worth of illegal sand mining/theft of mineral in the state.A bench of CJI Surya Kant and Justice Joymalya Bagchi called for the data, after hearing Advocate Prashant Bhushan (for petitioner), Solicitor General Tushar Mehta and Senior Advocate Amit Anand Tiwari (for State).The data to be produced by the state shall include details of all FIRs registered in relation to illegal sand mining/theft of minerals. As orally conveyed by CJI Kant, it shall also include details of those FIRs which have been closed on finding allegations to be false.At the outset of the hearing, Bhushan submitted that the High Court closed the underlying petition on the ground that the Tamil Nadu government agreed to shut down the sand mining. However, the Enforcement Directorate had probed the matter and found illegal sand mining of over Rs.4000 crores.The counsel informed that the ED investigation was interdicted on the basis that there was no predicate offense and therefore, the petitioner is seeking a CBI investigation.Counsels for Tamil Nadu contested the petitioner's locus and alleged that there was suppression of relevant facts. One of them highlighted that the petitioner's prayer before the High Court was for cancellation of environmental clearances, but now, a CBI investigation was being asked for. She also pressed that material collected by ED could not be gone into as there was no predicate offense.At this point, the CJI observed :"Therefore ED is helpless because there is no predicate offense. CBI you will not allow to investigate. Your own police will not - because how can cat look after the milk? How the public at large will come to know the truth, what has happened? Rather you should have pro-active approach...[that] we are ready to face, nothing wrong has happened...retired judge can be appointed - a plea can be from your side."The CJI further noted that the allegations pertained to illegal sand mining worth Rs.4730 crores. "It appears to be a well-calculated and well-planned theft going on of this mineral" commented SG Mehta.Notably, Justice Bagchi observed from the state's affidavit that it had taken penal action in connection with the illegal mining. "Then isn't that predicate offense?" questioned the judge. It was further added, "what you were doing is you were omitting theft...you were just registering the criminal case under the Mines and Minerals Act and in that way, you were coming up with a stance no predicate offense because PMLA Act does not [include Mines and Minerals Act as a scheduled offence]"CJI Kant later commented that the state should be more aggrieved than anyone else, if thousands of crores have allegedly been taken away due to illegal sand mining.On behalf of the state, Amit Anand Tiwari informed that private mining is banned in Tamil Nadu and the mining takes place only through Water Resources Department. He further claimed that theft is added in every case, but it's not a predicate offense. "It is, sir. Just examine PMLA", replied Justice Bagchi.Tiwari subsequently contended that pursuant to another case filed by ED, the state supplied the investigating agency with details of all FIRs and the matter was accordingly closed. He also said that the mines, etc. in Tamil Nadu are monitored through CCTVs and there is a centralized department in Chennai which monitors mining in all 38 districts. The senior counsel claimed that ED's averments are based on a presumption arising out of satellite images of a river at two different points of time. He further alleged that the petitioner has a political agenda and suppressed that order making ED a party in the High Court proceedings was recalled.Case Title: M.LAKSHMANAN Versus THE UNION OF INDIA AND ORS., SLP(C) No. 25765/2025

Supreme Court Asks Tamil Nadu Govt To Give Details Of FIRs In Illegal Sand Mining Cases

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Supreme Court Asks Tamil Nadu Govt To Give Details Of FIRs In Illegal Sand Mining Cases

Debby Jain

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