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

ASG : Whenever there is a lady officer is there, there is an endorsement that the statement has been made in the presence of lady officer.

ASG refers to statements of Swapna recorded on various dates.

Hearing resumes.

ASG SV Raju submits Section 192IPC is not made out in the FIR.

Bench rises for lunch break. Arguments will resume at 2 PM.

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16m

Solicitor General : Your lordships have several contemporaneous records, judicial proceedings, which are now sought to be overturned, on a farcical preliminary enquiry, based on statements of "invisible lady officers".

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15m

Solicitor General : The correct legal opinion should have been approach the Special Court which has taken cognizance of the matter.

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14m

Solicitor General : If this sort of FIR is allowed, a central agency will not be do fair and fearless investigation in a State. This is the wider question.

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13m

Solicitor General : This is barred by law. One investigating agency cannot nullify the investigation by another agency.

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12m

Solicitor General : The concept of cooperative federalism is that state and central agencies act in tandem against perpetrators of crime, and not nullify each other.

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11m

Solicitor General quotes from a Supreme Court precedent on 'cooperative federalism'.

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6m

Solicitor General refers to SC decisions in (1971) 2 SCC 376, (2020) 5 SCC 782.

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4m

SG : This is a situation where an investigation agency is saying that the investigation is destroyed. The FIR is illegal and violates even Article 21.

SG concludes.

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3m

Now ASG SV Raju takes over.

'By invoking Section 116 IPC, the FIR itself admits that no offence is made out'

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2m

ASG Raju : 116 can be invoked only if the offence is not committed. It cannot be invoked if the offence is committed. Therefore, there is an admission that offence has not been committed.

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Replying to

ASG Raju : There is not a whisper in the FIR that an incorrect document has been framed. The ingredients of Section 167IPC are also not made out.

ASG Raju : 116 can be invoked only if the offence is not committed. It cannot be invoked if the offence is committed. Therefore, there is an admission that offence has not been committed.

Now ASG SV Raju takes over.

'By invoking Section 116 IPC, the FIR itself admits that no offence is made out'

SG : This is a situation where an investigation agency is saying that the investigation is destroyed. The FIR is illegal and violates even Article 21.

SG concludes.

SG refers to SC decisions in (1971) 2 SCC 376, (2020) 5 SCC 782.

Solicitor General quotes from a Supreme Court precedent on 'cooperative federalism'.