Kerala Government appointed a judicial commission to investigate the UAE gold smuggling case. The Enforcement Directorate (ED) moved high court against the judicial commission. Appointed by the government to probe into the gold smuggling case. ED argued in the court commission was trying to sabotage the case and appointed illegally.
The Enforcement Directorate (ED), Cochin Zone, has moved the Kerala High Court against the state’s notification ordering Judicial Inquiry into its conduct from July 2020.The state government appointed Justice V K Mohan as the judicial commission. To examine the illegal interventions made into the probe by central investigation agencies. The ED moved the high court seeking stay on this action.
The petition argues that the state’s order dated May 7 was “an attempt of those in power to prevent the Central agency from investigating the gold smuggling case”. Kerala government has appointed a Judicial Commission. Headed by former Kerala HC Judge VK Mohan. To examine conduct of ED and the state Customs Department for allegedly trying to falsely implicate Chief Minister Pinarayi Vijayan in the UAE gold smuggling case.
Petition:
The petition notes that Principal Secretary to the CM and state Home Minister found to be involved in the case. The government’s notification thus “interferes, impedes and imperils” the ED’s ongoing legitimate investigation.
The plea also points out that as per Section 3 r/w 2A of the Commission of Inquiry Act. The state government does not have authority to take such a step. In matters under the Central List/ List-I of the 7th Schedule of the Constitution.
The case investigated under the Prevention of Money Laundering Act (PMLA). Which falls under Entries 1, 10, 14 and 93 of List I. The petition said the state was challenging the constitutional doctrine of Federalism by interdicting the ED’s investigation.
Prior to the government notification, two FIRs were registered against unnamed ED officials. For “coercing accused in the gold smuggling case to give false incriminating statements to implicate the CM and other state functionaries”. These quashed by the Kerala HC in April.