ED can continue with independent probe against former PWD Minister Ebrahim Kunju: Kerala High Court

The Kerala High Court recently made it clear that the Enforcement Directorate (ED) is free to proceed with its independent investigation into former Minister of the State Public Works Department (PWD), VK Ebrahim Kunju [VK Ebrahim Kunju v P Girish Babu]. .The ED's investigation relates to a deposit of ₹10 crores that was made into the current account of Chandrika daily newspaper during the 2016 demonetisation drive of the Central government. At the time, Kunju was the chairman of the governing body of Chandrika, Kochi Unit..A division bench of Justices A Muhamed Mustaque and Shoba Annamma Eapen, clarified that the stay that was previously ordered by the High Court was only with regard to conducting the investigation on the basis of a particular private complaint.The bench said that, therefore, nothing prevents the ED from proceeding with the investigation independently."Nothing prevents the Enforcement Directorate from proceeding dehors the complaint as against the appellant independently. No permission is required inasmuch as that it is only a challenge of an order of investigation based on a private complaint. The pendency of this appeal will not stand in the way of the Enforcement Directorate independently proceeding in accordance with law," the order stated..In 2019, a petitioner had approached the High Court seeking a direction to the State Police and later the ED to conduct an investigation into his complaint raising allegations on similar lines. During the pendency of the petition, Kunju was arrested over allegations of corruption during the controversial Palarivattom flyover project, which was a pet project of the previous United Democratic Front (UDF) government. The flyover was found to be unsafe for commute and the investigation conducted allegedly found that the contract for the flyover was not handed to the lowest bidder, as is the usual practice. As Kunju was the PWD Minister at the time, it was suspected that he had taken bribes to facilitate the same and was consequently, arrested. In January 2021, Kunju was granted bail by the High Court on the ground of his deteriorating health condition..In the petitioners plea, it was alleged that the former Minister had utilized the bank accounts of Chandrika newspaper for depositing the illegal money generated by him by misusing his official position as the Minister. It was further contended that one of the accused in the vigilance case registered in relation to the corruption in the construction of the flyover, had disclosed to the media that Kunju was involved in that transaction.The petitioner also submitted that he had submitted a private complaint to the Vigilance and Anti Corruption Bureau (VACB) and the State Police but no effective steps had been taken by them. A single-judge closed the petition stating,"writ petition is closed with a direction that respondent Nos.1 (Director VACB) and 2 (DYSP State Police) shall proceed with Ext.P1(private complaint) and 3rd respondent (Joint Director ED) shall proceed with the investigation into the allegations raised by the petitioner in accordance with law and with full earnestness, and bring the matter to its logical conclusion", the single-judge's 2020 order stated.Kunju moved an appeal against the same and a different division bench of the Court stayed the directions of the single-judge."There shall be a stay of the directions insofar as directing the respondent No.4/respondent No.3 (Joint director ED, DySP State Police) in the writ petition, to proceed with the investigation, insofar as the appellant is concerned, into the allegations raised by the writ petitioner and also in respect of sharing of the relevant materials by the Joint Director, Enforcement Directorate, Kochi, respondent No.4," the division bench's 2021 order stated..Last week, the ED approached the High Court contending that they want to proceed independently of the complaint and because of the pendency of this appeal, they are not proceeding.The Court clarified that its previous order stayed the investigation on the basis of the private complaint alone and would not stand in the way of the ED conducting an independent probe..Kunju was represented by Senior Advocate AL Somayaji and advocates Biju Varghese Abraham, Vijayamehanath, Aneesh KM, Shashank Devan, Adarsh Kumar, Santhosh Kumar, and Dileep Chandran.Deputy Solicitor General of India (DSGI) S Manu and Central Government Counsel (CGC) Jaishankar V Nair appeared for the ED..[Read Order]