SC to Examine ED's Jurisdiction to File Petitions in High Courts

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The Supreme Court has agreed to examine whether the Enforcement Directorate (ED) can file writ petitions in high courts under Article 226 of the Constitution. The agency's rights as a 'juristic person' are at the center of this debate. A juristic person is a non-human entity recognized by law, entitled to rights and duties similar to those of a human being. The ED's move to file writ petitions has been challenged by the Kerala and Tamil Nadu governments. The Kerala government had sought a judicial inquiry into the ED's probe of a 2020 gold smuggling case through diplomatic channels. However, the ED had obtained an interim stay from the Kerala High Court, which upheld the agency's right to file writ petitions under Article 226. The ED's actions were in response to allegations that its officials had coerced accused individuals to implicate political leaders, including the Chief Minister, in the gold smuggling case. A judicial inquiry commission was set up to investigate these allegations, but the ED's move to file a writ petition stayed the inquiry. The Supreme Court has now issued a notice to the ED on the appeals filed by the Kerala and Tamil Nadu governments. The court will examine whether the ED's rights as a juristic person allow it to file writ petitions in high courts, and whether this move is in line with the Constitution's provisions under Article 226.