SC to Examine ED's Writ Petition Power as Kerala, Tamil Nadu Challenge HC Ruling

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The Supreme Court of India has agreed to examine whether the Enforcement Directorate (ED) can file writ petitions, after the Kerala and Tamil Nadu governments challenged a Kerala high court ruling that upheld the agency's right to do so. The ED's move has been met with opposition from both states, which argue that the agency is not a juristic person and cannot seek relief through writ petitions. A bench of justices Dipankar Datta and Satish Chandra Sharma issued notices on the pleas filed by the two states, citing a 2003 Supreme Court judgment that held that a legal entity's ability to sue or be sued in its own name is not a procedural formality, but a matter of substance and significance. The Kerala high court had ruled on September 26, 2025, that the ED is a statutory body and its officers are designated statutory authorities, entitled to seek recourse under Article 226 of the Constitution. The ruling arose from a petition filed by the ED challenging the Kerala government's decision to constitute a Commission of Inquiry (CoI) in the gold smuggling case. The ED had approached the Kerala high court in 2021, challenging the state's decision to constitute the CoI, which was registered following allegations of coercion by the agency's officials. The Kerala government argued that the ED's move was a gross and blatant abuse of the process of law, and that the agency is not a juristic person. Tamil Nadu has also filed a separate appeal, citing similar circumstances and alleging that the ED's move has emboldened the agency to file petitions in other high courts. The ED's actions have been met with criticism from both states, which argue that the agency is overstepping its authority and violating the principles of natural justice. The Supreme Court's examination of the ED's writ petition power is expected to have significant implications for the agency's actions and the rights of individuals and states in India.