The Kerala High Court on Thursday sought a detailed report from the State authorities regarding the action taken in connection with the recent attack on Enforcement Directorate (ED) officials who were allegedly assaulted after conducting a search at the residence of former Chief Minister and CPI(M) leader Pinarayi Vijayan.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM passed the order while hearing a Public Interest Litigation (PIL) filed by advocate and social activist Jojo Jose seeking a probe by the Central Bureau of Investigation (CBI) into the incident.
During the hearing, the Bench indicated that a direction for a CBI investigation at this stage would be premature. The Court observed that only around 10 days had elapsed since the incident and that the State police had already registered a First Information Report (FIR) in the matter. The Bench emphasised that before considering a transfer of investigation to a central agency, it was necessary to assess the steps already taken by the local investigating authorities.
Chief Justice Sen orally remarked that the Supreme Court has laid down parameters governing the transfer of investigations to the CBI and such a course can be adopted only in exceptional circumstances where a fair and impartial investigation by the State machinery appears unlikely. The Court observed that there was presently no material before it to conclude that the State police would fail to conduct a proper investigation.
Accordingly, the Bench directed the State Government Pleader to place on record a statement detailing the action taken pursuant to the registration of the FIR and the progress of the investigation.
The incident in question occurred on May 27 after ED officials conducted a search operation at the residence of former Chief Minister Pinarayi Vijayan, where he and his daughter, Veena Thaikkandiyil, reside. The search was reportedly carried out in connection with the investigation into the Cochin Minerals and Rutile Limited (CMRL) matter, which involves allegations concerning Exalogic Solutions, an information technology company owned by Thaikkandiyil.
According to reports placed before the Court, after completing the search proceedings, ED officials left the premises in three vehicles at approximately 2:40 pm. It is alleged that a crowd of nearly 300 persons gathered near the location, surrounded the vehicles and launched an attack on the officials. The mob allegedly pelted stones and bricks at the vehicles and used sticks and iron rods, resulting in damage to government property and disruption of official duties.
The counsel appearing for the petitioner argued that the incident was unprecedented in Kerala and warranted an independent investigation by the CBI. It was submitted that the attack was witnessed across the state through extensive media coverage and that failure to take stringent action could undermined public confidence in the rule of law.
The petitioner further contended that the investigation conducted by the local police raised concerns, pointing out that although more than 300 individuals were reportedly named in the FIR, only a limited number of arrests had been made. Reference was also made to media reports suggesting that the incident may have involved a larger conspiracy.
The Court, however, remained unconvinced that the circumstances justified immediate intervention by the CBI. Reiterating the principles of federalism and the primary jurisdiction of State police authorities to investigate cognisable offences, the Bench observed that a transfer of investigation to the central agency cannot be ordered merely on apprehensions and must be supported by compelling circumstances.
Taking note of the submissions made before it, the High Court directed the state government to furnish a report regarding the investigation and the action taken against those allegedly involved in the violence. The matter has been posted for further consideration next week.
Meanwhile, a Kerala court recently denied bail to five persons accused of participating in the attack on ED officials and the vandalisation of their vehicles following the search operation at Vijayan’s residence.
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