Kerala High Court rejects plea for CBI probe into attack on ED officers

The Kerala High Court on Friday refused to order a probe by the Central Bureau of Investigation (CBI) into the recent attack on Enforcement Directorate (ED) officials who had carried out a search at former Chief Minister Pinarayi Vijayan's residence [Jojo Jose v The Chief Secretary]..A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM observed that constitutional courts can direct a CBI investigation only in rare and exceptional cases where there is material to show that the investigation agency was acting with bias or there was no possibility of a fair investigation.In the present case, the materials placed before it did not prima facie indicate that the State police investigation was biased or unfair, the Bench said."The record does not prima facie show that the Investigating Agency is acting in breach of its duty or has failed to act impartially. The extraordinary power to direct a CBI investigation must be exercised sparingly and with circumspection. In cooperative federalism, such power ought to be invoked only when it is manifest that the State Investigating Agency is acting with bias, and that there is no possibility of a fair investigation, having regard to the influence that State machinery is likely exert over the State Investigating Agency," the Court held.The Bench passed the judgment on a public interest litigation (PIL) petition filed by advocate Jojo Jose seeking a probe by the CBI into the incident. .The assault on ED officials took place on May 27 after they had conducted a search at the former CM's house, where he and his daughter reside.The search was carried out in connection with the central agency's probe into the CMRL case, which involves allegations against Exalogic - an IT firm owned by Vijayan's daughter Veena Thaikkandiyil.After completing the search, when the officials were leaving the premises, nearly 300 persons were reported to have surrounded their vehicle and pelted stones and bricks at them.It was also alleged that even used sticks and rods to attack the officials.Opining that it was too early to involve the CBI, the Court on June 4, directed the Government Pleader to file a report on the action taken on the incident.The State filed a detailed status report informing the Court that the Inspector Station House Officer of the Museum Police Station had taken over the investigation.The report also stated that scene mahazars had been prepared, scientific and video graphic evidence was collected and 25 accused identified and arrested. It was informed that statements of 44 witnesses have been recorded and that further evidence including forensic examination of seized mobile phones, call data records, fingerprints and other materials were being collected before filing the final report.The State further denied allegations of any intelligence failure or deliberate inaction by the police.After examining the status report, the Court held that there was no basis to conclude that the investigation lacked fairness and hence, dismissed the petition..Advocate Radhakrishnan R appeared for the petitioner.Standing counsel Jaisankar V Nair appeared for the Enforcement Directorate.Advocate Sreelal N Warrier appeared for CBI.Special government pleader C Rasheed appeared for the Director General of Police.Additional Solicitor General P Sreekumar, instructed by Central government counsel Amal Parthasaradhy, appeared for the Union government..[Read Judgment]