Supreme Court to Examine ED’s Power to Move High Courts Under Article 226
Top court issues notice on appeals by Kerala and Tamil Nadu governments challenging ED’s locus standi to file writ petitions before High Courts.
New Delhi, Jan 20: The Supreme Court on Tuesday agreed to examine whether the Enforcement Directorate (ED) can approach High Courts under Article 226 of the Constitution as a ‘juristic person’ to enforce its rights.
A bench comprising Justices Dipankar Datta and Satish Chandra Sharma issued notice on appeals filed by the Kerala and Tamil Nadu governments, which have challenged a Kerala High Court order recognising the ED’s locus standi to file writ petitions under Article 226.
The issue arises from a September 26, 2025 order of the Kerala High Court, which upheld a single judge decision staying a judicial inquiry into the ED’s probe related to the 2020 gold smuggling case involving diplomatic channels.
The inquiry commission was constituted by the Kerala government following allegations that ED officials coerced the accused into implicating political leaders, including the Chief Minister, in the case. The High Court had dismissed the state government’s appeal against the interim stay, observing that there was no error in entertaining the ED’s petition or granting relief.
The matter traces its origin to a May 7, 2021 notification issued by the Kerala government under the Commission of Inquiry Act, 1952, ordering a judicial inquiry against ED officials accused of coercion. Former High Court judge Justice V K Mohanan was appointed to head the commission, which was tasked with examining evidence such as an audio clip attributed to accused Swapna Suresh and a letter by co-accused Sandeep Nair.
The ED, through its deputy director, had moved the Kerala High Court questioning the state’s authority to order an inquiry against a central investigating agency. On August 11, 2021, a single judge held that the ED had the right to approach the court and granted an interim stay on the inquiry notification, prompting the state government to file an appeal.
The Supreme Court will now consider the broader constitutional question of whether the ED, as a statutory body, qualifies as a juristic person entitled to invoke the writ jurisdiction of High Courts under Article 226.
