Kerala govt has no legal right to order judicial probe against ED, says legal expert
Kochi: Legal experts have given different opinions on the state government ordering judicial probe against Enforcement Directorate. It is pointed out that the state government has no legal right to order a judicial probe against Enforcement Directorate which functions as per the money laundering act.
The money laundering act came into force as part of international agreements signed by India. ED has been investigating cases under this.
The central and state governments are allowed to appoint judicial commission as per the Commissions of Inquiry Act 1952. The central government is allowed to appoint the commission in any subjects mentioned in the union list, state list and concurrent list. But the state government can appoint the commission for inquiry in those subjects mentioned in the state list and concurrent list.
Money laundering comes under the union list. Hence, the state government has no legal right to appoint a judicial commission for a probe against ED, said Adv MR Abhilash, a Supreme Court lawyer.
He pointed out that the state government is only allowed to approach the court over dissatisfaction in probe under ED.
At the same time, the state government has claimed that the judicial probe was not ordered in cases under the money laundering act. But it is for identifying the conspiracy behind the ED probe to drag Chief Minister and others to criminal charges. This matter comes under the Indian Penal Code which is listed in the concurrent list, pointed out sources close to the Kerala government.
It is examined that the government appointed the judicial commission after identifying that the central agencies are being used against the state for political gains. The judicial probe is a part of the legal battle between the central and state governments.
The judicial commission can summon anyone for the inquiry. Apart from ED officials, the commission may summon Customs officials too. In order to avoid this, the ED has to approach the court challenging the state government’s move.