Enforcement Directorate v Kerala Police : Live Updates From Kerala High Court Hearing
Justice Arun : Can I put a query? Whether a finding by this court that the statement is under Sec 50 PMLA is not binding?
Raval : The FIR is not affecting PMLA case. They have created an entire smokescreen. I'll never call upon my lord to deal with anything under the PMLA.
Raval : My case is that while investigating against those accused, there was an attempt to create false evidence against some high placed innocent persons. Therefore, they are not right to contend that State has no jurisdiction.
Raval : I'm not here to defend any of the accused. The case against them is that they have committed PMLA offence. The statements given by Swapna Suresh or other accused is not the subject matter of the state FIR.
Raval : Their contention is that the FIR will affect their investigation under PMLA. This is a complete facade. There is no such attempt and no such intent and there will never be.
Raval : I'll indicate the broad grounds of my reply.
First, the conduct of the petitioner. Conduct of petitioner is relevant for equitable jurisdiction. Second is about the maintainability of the petition. The FIR is against unnamed officers. On P Radhakrishnan, stating to be an ED official has filed the petition.
Third is about the entertainability of the petition and about the alternative remedies under Section 439.
Fourth is about the whole facade created about one agency investigating another agency.
ASG Natarajan concludes.
Sr Adv Harin P Raval starts submissions for the Kerala Government.
ASG : There are cases when victims approach court seeking fair investigation. There are also cases where accused approach court for proper investigation. This is an unprecedented situation where an investigation agency has to approach the Court.
ASG Natarajan : Assuming that some offences are made out, there is a statutory bar for FIR. On this ground alone, the entire investigation is liable to be quashed.
ASG Natarajan : All these offences are non-cognizable. There is a total legal bar(for FIR).
ASG Natarajan says that the complaint can only be filed by the court concerned. Therefore, there is a statutory bar to register FIR as per Section 195 CrPC.