Thiruvananthapuram, August 11 (BPNS)
The Kerala government has declared a war against the Enforcement Directorate (ED) and in the first round, it seems, it got mixed results from the Kerala High Court. While former state finance minister TM Thomas Isaac evoked a favorable oral remark from a single bench, the public interest litigation (PIL) filed by five MLAs of the ruling front is most likely to get shot down by the division bench. It was on Thursday that both the petitions were considered by the court.
In the first case, it was Justice VG Arun who considered the petition of Isaac. The former minister’s petition got considered on the same day (August 11) that ED had earmarked for him to appear before it to explain his role in the Kerala Infrastructure Investment Fund Board (KIIFB).
While considering the petition, the single-bench orally observed that Isaac has the right to privacy and it cannot be curtailed without following the proper procedure established by law. The court said this while asking the ED to explain why it has sought documents relating to personal assets of Isaac in connection with the probe into financial transactions of the KIIFB.
The central agency had sought Isaac’s income tax returns, details of financial transactions, and movable and immovable properties belonging to him and his family members.
However, the court observed that such details were asked to submit in the second summons. “Why the sudden change? The first summons does not mention the allegations raised in the second one,” said Arun.
At the same time, ED took the stance that Isaac can appear before it and convince the investigation officer of his stance. It also added that the former minister should co-operate with the investigation.
The matter has been posted for further hearing on August 17.
Meanwhile, in the case of PIL, a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly, expressed doubt on the maintainability of the plea because it may not qualify as a PIL and that the investigation of the case was still at its preliminary stage. The bench then remarked that it may be better if those who have been summoned appear before the ED and cooperate with its investigation. It then reserved its verdict on the issue without admitting the plea.
The PIL was moved by Communist Party of India (Marxist) MLAs KK Shailaja, IB Satheesh, and M Mukesh, Communist Party of India MLA E Chandrasekharan, and Congress (Secular) MLA Ramachandran Kadannappally. It was against the ongoing ED probe into the financial transactions of the KIIFB.
In this case, ED took the stance that the concerned officers who have been summoned by the ED should cooperate with the investigation rather than filing PILs. It also added that they are trying to subvert the investigation.
To this, the division bench agreed that the summoned officers should appear before the ED and cooperate with the investigation.
Both the petition, of Isaac and the PIL, had highlighted that the repeated summoning of ED is affecting the functioning of the KIIFB. They alleged that the chief executive officer, deputy managing director, joint fund manager, and assistant general manager of KIIFB have been summoned for one and a half years starting from March 2021.
