CHENNAI: In what is considered to be a first-of-its-kind move, the Madras High Court on Wednesday imposed costs of Rs 10,000 each, for three petitions, on the Enforcement Directorate (ED) for failing to file counter affidavits to the petitions moved by film producer Akash Bhaskaran and businessman Vikram Ravindran over the search and seizure operations held in their offices and residences for money laundering connected to the alleged Tasmac scam.
The order imposing costs was passed by a division bench of Justices M S Ramesh and V Lakshminarayanan after taking seriously the failure of the ED to file the counter affidavits despite giving it a last chance.
The bench termed it “unfair” on the part of the central agency for not having come up with the counter affidavit.
Special public prosecutor N Ramesh, appearing for ED, submitted that the counter affidavit was being prepared as a comprehensive one encompassing the three petitions and so, it could not be completed on time. He sought more time to file it.
However, the bench imposed the costs and granted time till August 20.
Senior counsels Vijay Narayan and Abudu Kumar Rajaratnam appeared for Akash Bhaskaran and Aditya Sondhi for Vikram Ravindran. Vijay Narayan submitted that the ED had got no information except the one that his client’s mobile number was found in the contact list of Tasmac managing director S Visakan.
The residences and office premises of Akash Bhaskaran and Vikram Ravindran were raided in May this year by the ED officials who sealed the office premises of Akash Bhaskaran since it could not be accessed.
They both filed petitions in the high court challenging the ED’s proceedings and questioned the authority to seal the premises.
In June, the court came down heavily on the ED for sealing the premises without powers, as per the PMLA, to do so. The agency conceded that it was not authorised by the law to seal any premises.
The bench had stayed all further proceedings against Akash Bhaskaran and Vikram Ravindran, directing the agency to file the counter affidavit.
