DMK MP moves HC seeking ED case against Nainar

Chennai: After filing seven separate cases seeking Enforcement Directorate (ED) proceedings against as many former AIADMK ministers and leaders, a sitting DMK MP has filed a new petition in Madras high court seeking a direction to the ED to register a case against BJP state president Nainar Nagendran. He said the BJP state chief should be probed in connection with the seizure of 4 crore from Nellai Express train during the 2024 Lok Sabha elections. The DMK MP, R Girirajan, said the 4 crore was being transported for distribution to voters in Tirunelveli parliamentary constituency, where Nainar Nagendran contested as BJP candidate. The plea also sought action against Kesava Vinayagam, former state general secretary (organisation) of TN BJP.According to the petitioner, the investigation revealed the cash was allegedly transported on behalf of Nainar Nagendran. Materials collected during the investigation disclose commission of serious cognisable offences, including conspiracy and cheating, thereby attracting provisions relating to ‘proceeds of crime' as defined under Section 2(1)(u) of the Prevention of Money Laundering Act (PMLA), he said. "Despite the existence of clear materials indicating the generation and use of proceeds of crime, ED has failed to register ECIR and initiate proceedings under PMLA," he added. Inaction on the part of the ED is arbitrary, illegal, and contrary to the settled position of law that once a scheduled offence involving proceeds of crime is made out, initiation of proceedings under the PMLA Act becomes mandatory, the petitioner said.Failure on the part of ED to act is influenced by extraneous considerations, including political factors, thereby defeating the very object of the PMLA. The offences disclosed in the present case squarely fall within the ambit of scheduled offences, and therefore, the ED is statutorily bound to register an ECIR and proceed with investigation, he said.