Enforcement Directorate v Kerala Police : Live Updates From Kerala High Court Hearing

ASG : Today a situation has arisen where the women officials have given statement contrary to court records.

ASG : Secondly, no offences have been made out. What kind of preliminary enquiry is this?

Thirdly, no court records are examined. If you examine the court records, it will be known that women officials were not present.

Then, no statements of ED officials are examined.

ASG : Why do I tell this preliminary enquiry is a sham, an eyewash.

Number 1, no accused has been identified.

ASG : They have made a show of preliminary enquiry to show they are complying with law.

ASG : Preliminary enquiry is a requirement not just of Lalitakumari decision but also of Bhajan lal decision.

ASG : How can you have a case of abetment without naming the accused? This is a bogus FIR. The preliminary enquiry is a sham, a farce.

ASG : Where is criminal conspiracy? How can you have a case of criminal conspiracy without naming the accused? I'm shocked. There has to be more than one person for conspiracy. Where is the unlawful agreement?

ASG Raju : There is no allegation of instigation. They have a case of 'threat'. "Threat' and 'Instigation' cannot go together; they are mutually exclusive.

ASG Raju submits that Section 195A is not applicable to alleged coercion of accused Swapna Suresh as it applies only to a witness giving evidence in court.

ASG Raju : Section 195A is added in the IPC to deal with hostile witness. It is applicable only to a witness. Unless a person enters the witness box, he won't be a witness. So, 195A is not applicable.