Enforcement Directorate v Kerala Police : Live Updates From Kerala High Court Hearing
Solicitor General : This is an absurd situation. What the local police is now doing is tampering with my evidence, which is now before the Court which has taken cognizance.
Justice V G Arun : Your argument is that the law makers never contemplated such a situation?
Solicitor General : The law, the CrPC, never contemplated a situation where one investigation agency is investigating the correctness of another investigating agency.
Solicitor General : My second submission is that there are certain shocking facts which shake the conscience of this court.
SG : A central agency is investigating a case in a state. A potential accused, who is powerful, whether politician or a bureaucrat is influencing local police to register case against the central agency..
If that is the law, no free and fair investigation will be possible.
Solicitor General : The first question that arises is that of "cooperative federalism". What will be the repercussion if this permitted?
SG : ED has collected evidence and presented report before the Court.
Local police has now started investigating whether ED's investigation is correct or not
Solicitor General Tushar Mehta starts submissions :
'At the outset, this is a question of wider implication, not just a question of quashing FIR. A Central Agency(ED) is investigating offences under PMLA. Customs and NIA are also investigating'