[Masala Bonds Case] Election Cannot Be A Reason To Postpone Investigation: ED Tells Kerala HC In Appeal To Summon Former Minister Thomas Isaac

The Division Bench comprising Justice A. Muhamed Mustaque and Justice M A Abdul Hakhim said the matter could be heard soon after elections, that is in the last week of April or first week of May. “The elections is scheduled in Kerala on 26 April, 2024. Both the parties (ED and Dr Isaac) are agreeable to hear the matter immediately after the elections,” stated the Court. 

Additional Solicitor General of India (ASGI) A.R.L.Sundaresan submitted before the Court that politics is not a reason to interfere with law. The ASGI argued that ED is entitled to continue its investigation and elections cannot be a reason to postpone the investigation. It was argued that the ED did not issue summons after the election was notified but summons were issued much before the elections. It was also argued that the ED investigation was almost over and Dr Issac has to co-operae with the summons to conclude the investigation. It was submitted that the single judge on perusal of documents submitted by ED had found that there is some explanations to be sought from Dr Isaac and hence it was argued that elections should not be the only ground to delay the investigation.

The counsel on behalf of Dr Isaac submitted that ED investigation during the brink of the election would affect his election prospects. It was argued that the ED has no bonafide and summons were issued without a prima facie case.

Case title: Enforcement Directorate v Thomas Isaac

Case number: WA 571/2024