- Apprentice Lawyer
Breaking: Kerala High Court junks Kerala CMO official CM Raveendran's plea for time-bound ED quiz in gold smuggling probe [Read Order]
Justice VG Arun pronounced the dismissal order today.
He had also sought a time-bound interrogation by the ED as and when summoned.
Advocate R Anil had argued that the ED was summoning Raveendran repeatedly despite his having informed officials that he had been infected with COVID-19 and still suffering post-COVID-19 illnesses. This was not a judicious exercise of the ED's power to summon a witness under the PMLA, he argued.
It was also submitted that he apprehended an extended interrogation that could virtually be equal to custodial interrogation.
The ED contested the maintainability of the writ proceedings. Citing a series of Supreme Court and High Court rulings, ASG Raju for the ED asserted that the writ petition was premature, especially since a complaint was not yet filed against the petitioner.
ASG Raju added that it was not possible to fix a reasonable time for interrogation, since the time taken was contingent on the type of answers the subject gave. The time taken would depend on whether the subject responded, or was evasive, he explained. The time could not be constrained in any way, he asserted.
Read the Order