Supreme Court will examine whether the Enforcement Directorate is a juristic person entitling it to file a writ petition before the High Courts under Article 226 of the Constitution for the enforcement of its rights. A Division Justices Dipankar Datta and Satish Chandra Sharma issued notice to the ED on appeals filed by the

The Supreme Court will examine whether the Enforcement Directorate is a juristic person entitling it to file a writ petition before the High Courts under Article 226 of the Constitution for the enforcement of its rights.

A Division Justices Dipankar Datta and Satish Chandra Sharma issued notice to the ED on appeals filed by the governments of Kerala and Tamil Nadu challenging an order passed by the Kerala High Court on September 26, 2025, upholding ED’s locus to file writ petitions under Article 226.
The State of Tamil Nadu has also filed a Transfer petition to transfer the Writ petition pending before Madras High Court to the Supreme Court under Article 139A of the Constitution, on the ground that the Enforcement Directorate, being a wing of the Ministry of Finance, is not a separate body or statutory authority and cannot misuse Article 226 to raise disputes against the state government instead of Supreme court under Art 131.

Senior Advocate Kapil Sibal represented Kerala.

Senior advocates P. Wilson and Vikram Chowdhary appeared for the Tamil Nadu government.