ED challenges Judicial Inquiry by Kerala Government in Gold Smuggling Case

Greeva Garg – 

Challenging the order for judicial inquiry by the Kerala Government, the Enforcement Directorate (ED), Cochin Zone, moved to the Kerala High Court in the Gold Smuggling Investigation.

A Judicial Commission constituted by the Kerala Government, has been led by former Kerala High Court Judge VK Mohan, to scrutinize the alleged conduct of the Enforcement Directorate and the State Customs Department to falsely embroil Chief Minister Pinarayi Vijayan in the UAE gold smuggling case. 

To prevent the Central Agencies in power from investigating the Gold Smuggling Case, the order for judicial inquiry was issued by the State Government on May 7, 2021.

The petition states that the Principal Secretary of the Chief Minister and State Home Minister were involved in the Gold Smuggling Case. 

Further, the order by the Kerala Government interdicts the ongoing legitimate investigation by ED.

The petition 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 matter under the Central List/ List-I of the 7th Schedule of the Constitution. 

Two FIRs were registered against unnamed ED officials for implicating false statements and constraining the Chief Minister and other state functionaries in the Gold Smuggling case. 

The PILs were quashed by the Kerala High Court in April, prior to the State Government order.

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