Former PWD Minister Ebrahim Kunju Files Appeal Before Kerala High Court DB Against Court-Ordered ED Probe in Money Laundering Case

Former PWD Minister V.K Ebrahim Kunju has moved the Kerala High Court challenging the decision of a Single Judge directing the Enforcement Directorate to probe into the allegations that a cash deposit of Rs 10 crores was made during demonetisation into the current account of a newspaper daily called Chandrika, where he was the Chairman of the governing body.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P Chaly admitted the appeal and granted leave on Tuesday.

The appeal argued that such a direction would force him to face investigation despite him having no nexus with the allegations.

It was argued that the Governing body was only an advisory committee constituted by the Chairman and managing director, only to promote the circulation of the newspaper., and that there are similar governing bodies in other units.

The direction to the ED was alleged to have resulted in severe prejudice and the appellant argued that this direction was illegal. 

The appeal contends that the former Minister was arrested by VACB amidst undergoing treatment for multiple myeloma, solely due to the direction issued by the single judge. He pointed out that he was not even arrayed as an accused in the FIR. 

According to the appellant, the ED had further issued summons to Ebrahim Kunju directing him to appear as part of the inquiry and for submission of various documents, even in the absence of a complaint on file.

He also alleged that he was not granted an opportunity to present his case in the writ petition and it was against the judgment of the Supreme Court in State of Punjab vs Davinder Pal Sing Bhullar.

It had held that no judicial order can ever be passed by any court without providing a reasonable opportunity of being heard to the person likely to be affected by such order, particularly when such order results in drastic consequences of affecting one's own reputation.

Hence, the appellant sought to quash the Single Judge's order directing ED probe.

Senior counsel A.L Somayaji was instructed by Advocate Biju Varghese Abraham in the matter on behalf of the appellant.

Case Title: V.K Ebrahim Kunju v. P Girish Babu & Ors