Judicial probe: State moves HC

Single judge had stayed functioning of V.K. Mohan panel

The State government has appealed against a single judge’s order staying the functioning of the Justice V. K. Mohan Commission to probe whether any conspiracy was hatched or deliberate attempts were made to implicate Chief Minister Pinarayi Vijayan and other senior functionaries in the diplomatic channel gold smuggling case.

The order was earlier passed by Justice P.B. Sureshkumar on a writ petition filed by P. Radhakrishnan, the Deputy Director of the Enforcement Directorate (ED). The single judge, in his order, had noted that the question of conspiracy was to be examined by the special court supervising the investigation in the case booked under the Prevention of Money Laundering Act probed by the ED.

In its appeal, the State argued that the decision of the single judge stalling the judicial probe into the alleged attempts to implicate some persons holding high offices in the State was not based on any cogent reasoning.

The finding of the single judge that if parallel investigation and inquiries were conducted in such a case, it would impede and derail the investigation and ultimately go to the benefit of the accused lacked any reasoning, the State submitted.

The State argued that the ED Deputy Director was only an officer under the Directorate and he was not a juristic person. Hence, he could not have filed the writ petition challenging the appointment of the judicial commission. The finding of the single judge that it could not be said that the ED Deputy Director had no locus standi to institute a writ petition was unsustainable in law, the State argued.

The single judge should have taken note of the fact that the notification appointing the judicial probe could be challenged only by the Union of India, the State argued. The court will consider the appeal shortly.

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