SC To Examine If ED Can File Petition Before HCs Under Article 226 As Juristic Person
The top court issued notice to the agency on appeals filed by the Kerala and Tamil Nadu governments.
Published : January 20, 2026 at 3:12 PM IST
New Delhi: The Supreme Court on Tuesday agreed to examine whether the Enforcement Directorate (ED) can file a writ petition before high courts under Article 226 of the Constitution for the enforcement of its rights as a 'juristic person'. Article 226 refers to the power of high courts to issue certain writs.
The matter came up for hearing before a bench comprising justices Dipankar Datta and Satish Chandra Sharma. The bench issued notice to the agency on appeals filed by the Kerala and Tamil Nadu governments. The state governments have challenged an order passed by the Kerala High Court, which upheld the ED's locus to file writ petitions under Article 226.
A juristic person is a non-human legal entity recognised by the law and entitled to rights and duties in the same way as a human being. In September last year, the Kerala High Court had upheld a single judge order staying the judicial inquiry into the ED probe of the 2020 gold smuggling through diplomatic channels.
The judicial inquiry commission was set up following allegations that ED officials coerced the accused to implicate political leaders, including the CM, in the gold smuggling case. The high court had dismissed an appeal filed by the Kerala government challenging the single bench's interim stay order.
The single bench held that the ED had locus standi and granted an interim stay of the notification on August 11, 2021, prompting the state government to file an appeal. The case originated from a May 7, 2021, state government notification ordering a judicial inquiry under the Commission of Inquiry Act, 1952. The inquiry was ordered against ED officials accused of coercing the accused to implicate political leaders.
Former HC judge Justice V K Mohanan was appointed to head the inquiry commission. The commission was tasked with examining evidence, including an audio clip attributed to accused Swapna Suresh and a letter by accused Sandeep Nair, both alleging coercion by ED officers. The ED deputy director moved the high court, questioning the state's authority to order an inquiry against the agency.
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