DMK MP Petitions Madras High Court for ED Action Against BJP Tamil Nadu Chief
In a significant legal development, a sitting DMK Member of Parliament has approached the Madras High Court seeking judicial intervention to direct the Enforcement Directorate (ED) to register a case against BJP's Tamil Nadu state president, Nainar Nagendran. This petition follows seven separate cases already filed by the MP seeking ED proceedings against former AIADMK ministers and leaders.
Allegations of Electoral Cash Transportation
The petition, filed by DMK MP R Girirajan, centers on the seizure of ₹4 crore from the Nellai Express train during the 2024 Lok Sabha elections. According to Girirajan, this substantial cash amount was allegedly being transported for distribution to voters in the Tirunelveli parliamentary constituency, where Nainar Nagendran contested as the BJP candidate.
The MP's plea asserts that investigation materials indicate the cash was transported on behalf of Nagendran, revealing commission of serious cognizable offenses including conspiracy and cheating. These allegations, the petitioner contends, attract provisions relating to 'proceeds of crime' as defined under Section 2(1)(u) of the Prevention of Money Laundering Act (PMLA).
Legal Mandate for ED Action
Girirajan argues that despite clear materials indicating generation and use of proceeds of crime, the ED has failed to register an Enforcement Case Information Report (ECIR) and initiate proceedings under PMLA. The petition emphasizes that once a scheduled offense involving proceeds of crime is established, initiation of PMLA proceedings becomes mandatory under settled legal principles.
The DMK MP's submission states: "Inaction on the part of the ED is arbitrary, illegal, and contrary to the settled position of law. The offenses disclosed in this case squarely fall within the ambit of scheduled offenses, making the ED statutorily bound to register an ECIR and proceed with investigation."
Broader Political Implications
Beyond targeting Nainar Nagendran, the petition also seeks action against Kesava Vinayagam, former state general secretary (organization) of the Tamil Nadu BJP. Girirajan alleges that the ED's failure to act is influenced by extraneous considerations, including political factors, which he claims defeats the very object of the PMLA legislation.
This legal move represents an escalation in political tensions between the ruling DMK and opposition BJP in Tamil Nadu, coming on the heels of multiple similar petitions against AIADMK leaders. The case highlights ongoing controversies surrounding alleged electoral malpractices and the enforcement agency's role in investigating political figures during election periods.
The Madras High Court is expected to hear the petition soon, with potential implications for how enforcement agencies handle allegations against sitting political office bearers during electoral processes. The outcome could set important precedents regarding the mandatory nature of ED proceedings when prima facie evidence of scheduled offenses exists.
