Kerala High Court
State Of Kerala vs Enforcement Directorate on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
WA NO. 1532 OF 2021
AGAINST ORDER DATED 11-08-2021 IN WP(C) 13112/2021 OF THIS COURT.
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APPELLANTS/RESPONDENTS 1 TO 3 IN THE WRIT PETITION:
1.STATE OF KERALA,THROUGH CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2.DEPARTMENT OF HOME, REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
ROOM NO. 357(A) & 358, GROUND FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM CITY-695 001.
3.DEPARTMENT OF GENERAL ADMINISTRATION, STATE OF KERALA,
THROUGH ITS PRINCIPAL SECRETARY, ROOM NO. 394,
1ST FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM CITY - 695 001 .
BY ADVOCATE GENERAL
RESPONDENTS/WRIT PETITIONER AND 6TH RESPONDENT IN THE WRIT PETITION:
1.ENFORCEMENT DIRECTORATE,THROUGH THE DEPUTY DIRECTOR OF
ENFORCEMENT, COCHIN ZONAL OFFICE, AK SESHADRI ROAD,
COCHIN - 682 011.
P.T.O.
2.UNION OF INDIA, REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
128-A/ NORTH BLOCK, NEW DELHI 110001.
BY CENTRAL GOVERNMENT COUNSEL
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the order dated 11.08.2021 in W.P.(C)No.13112 of
2021 and all further proceedings pursuant to the same and to permit the
Commission of Inquiry, appointed as per Exhibit P1 in the writ petition,
to continue with its proceedings, pending disposal of this Writ Appeal.
This Writ Appeal coming on for admission on 30/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P1:COPY OF NOTIFICATION DATED 07.05.2021
NO.HOME-SSA2/67/2021-HOME ISSUED BY THE HOME DEPARTMENT.
GOVERNMENT OF KERALA,UNDER THE PROVISIONS OF COMMISSION
OF INQUIRY ACT, 1952.
EXT.P2: COPY OF JUDGMENT DATED 16.04.2021
PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.7641 OF 2021
AND 8920 OF 2021 IN THE CASE OF P.RADHAKRISHNAN VS STATE OF KERALA
AND OTHERS.
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S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.No.1532 of 2021
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Dated this the 30th day of November, 2021
ORDER
S.Manikumar, C.J.
Being aggrieved by the interim order dated 11.08.2021,
which held that a writ petition at the instance of the
Enforcement Directorate through the Deputy Director of
Enforcement, Cochin Zonal Office, Cochin is maintainable
against the challenge to the notification dated 07.05.2021
bearing No.Home-SSA2/67/2021-HOME issued by Department
of Home, represented by Additional Chief Secretary
(respondent No.2 in the writ petition), instant writ appeal is
filed.
2. The question which came up before the writ court as
summarised in the order dated 11.08.2021 is reproduced:
"This writ petition is instituted by the Directorate of
Enforcement established by the Central Government,
W.A.No.1532 of 2021
challenging Ext.P1 notification issued by the State
Government, in exercise of power under Section 3 of the
Commissions of Inquiry Act, 1952 (the Act), in terms of
which a Commission of Inquiry consisting of a former
Judge of this Court has been appointed to inquire into
the question whether the contents of a voice clip and a
letter stated to have been issued by the accused persons
in a gold smuggling case investigated by the various
central agencies would reveal any conspiracy to falsely
implicate the leaders of the political front of the State. "
3. After considering the rival submissions, notification
issued by the Central Government and statutory provisions,
writ court, by order dated 11.08.2021, held that the writ
petition instituted by the Enforcement Directorate is
maintainable and accordingly passed an interim order. For
brevity, paragraph No.8 of the said order is reproduced:
"8. Coming to the merits of the matter, as noted,
the inquiry is ordered into the question whether the
contents of a voice clip and a letter stated to have been
issued by the accused persons in a gold smuggling case
investigated by the various central agencies including
W.A.No.1532 of 2021
Directorate of Enforcement in terms of the provisions of
the PML Act would reveal any conspiracy to falsely
implicate the leaders of the political front of the State. As
held by this Court in Ext.P2 judgment, the question of
conspiracy 8. Coming to the merits of the matter, as
noted, the inquiry is ordered into the question whether
the contents of a voice clip and a letter stated to have
been issued by the accused persons in a gold smuggling
case investigated by the various central agencies including
Directorate of Enforcement in terms of the provisions of
the PML Act would reveal any conspiracy to in a case of
this nature is one to be examined by the Special Court
supervising the investigation. If parallel investigations and
inquiries are conducted into questions of the said nature, I
am of the prima facie view that the same would impede
and derail the investigation and would ultimately go to
the benefit of the accused, defeating the object of the
legislation under which the accused are booked."
4. The issue as to whether a writ petition is maintainable
at the instance of the Enforcement Directorate challenging the
notification issued by the State Government in exercise of the
powers under section 3 of the Commissions of Inquiry Act, 1952
is debatable and that there is no precedent in this court.
W.A.No.1532 of 2021
5. We have gone through the grounds of challenge and
deem it fit that the matter requires adjudication. Hence the
writ appeal is admitted.
With the consensus of the learned counsel appearing for
both parties, Registry is directed to post the matter on
20.12.2021 at 2 p.m.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
30-11-2021 /True Copy/ Assistant Registrar
