As the Kerala cabinet on Friday decided to go for a judicial inquiry against the central agencies investigating the gold smuggling and related cases, the Enforcement Directorate, the National Investigation Agency and the CBI are preparing for a legal battle with the sleuths terming it “politically motivated” and an “election stunt” at a time when the model code of conduct is already in place in the poll-bound state.
Leading from the front is the ED which has been drawn into a murky battle after the state Crime Branch registered a case against it. While the Kerala High Court declined to issue a stay on the probe based on the Kerala Police FIR against ED officials for allegedly forcing gold smuggling accused Swapna Suresh to name the chief minister in the case, the central agency is readying its armour.
Sources said the ED has submitted Swapna’s damning statement in court, which has mention of her links in the chief minister’s office and also evidence to prove that the complainants in the Crime Branch case were not present on the day Swapna was questioned by ED.
But what is likely to drive the ED’s defence first is the argument that the accused in the Prevention of Money Laundering Case already under investigation by the central agency cannot use “political power” to scuttle an investigation against them. It would not only set a bad precedent, but would also mean that politicians and powerful bureaucrats can use their position to launch investigations against the probe agencies, said an investigator.
Before the political class is affected, this tussle between the central and state agencies can have a bitter fall out on the police officials involved, said a security expert, as investigations were already underway in the PMLA case and any move to protect the accused can draw charges of abetment to the crime.
The second argument of investigators in the case is that the proposed Commission does not hold any legal standing in probing role of investigating agencies in the state.
“The central agencies are conducting the inquiries as per law,” said a senior official .
Meanwhile, the terms of reference of the Commission are still not decided. Till the time the Election Commission clears the move, the central agencies are adopting a wait and watch policy and keeping their ammunition ready, if the legal battle heats up.
Sleuths said the decision of the Kerala cabinet is politically motivated and that the central agencies are not concerned about “election stunts”.
In any case , the fall out may not be pleasing for either the state police agencies or the central agencies as police officials are likely to get involved. Whether the political masters will face any heat soon remains to be seen.
