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

ASG Natarajan argues that it is a matter in which only the trial court can initiate proceedings. That is the mandate of Section 195 CrPC.

ASG Natarajan : Mr Raval, I'll tell you, Kerala is one of the best High Courts in the country where you will get enough opportunity to argue and to get good judgments.

ASG Natarajan seeks to argue. Raval intervenes, saying he has not got an opportunity to argue yet.

Justice Arun says he has told Natarajan to be brief in his arguments, and assures that he can hold the court longer to hear Raval (for State) as well.

ASG Raju cites a decision to state that prosecution cannot influence registration of FIR.

'On this ground also the FIR goes for a toss', ASG adds.

ASG Raju makes one additional submission - The FIR is stated to have been registered on the basis of legal opinion of the Director General of Prosecution. So, it has been registered at the instance of the prosecution. It is impermissible.

Senior Adv Raval submits that the a notice has been issued to the Customs Officer by the Advocate General on a petition seeking sanction for contempt, and police has not summoned.

Justice Arun : I'll take note of this.

Senior Adv Harin P Raval for Kerala Govt takes objection to the statement made by ASG Natarajan that Customs officials have been summoned by the Kerala police.

"This is a false submission. No Customs officer has been summoned by Kerala police", Raval says.

ASG : The preliminary enquiry shows bias, mala fides. This is a fit case for the Court to quash the FIR and protect the ED officials.

ASG concludes.

ASG : Also, as the learned Solicitor General submitted, if this is allowed, this will be a never ending exercise. ED can file an FIR against Kerala Police. This can go on.

ASG : Then there is no explanation for the delay. Supreme Court has acquitted persons on the ground of delay.

For all these reasons, the preliminary enquiry is not genuine.