The Kerala High Court has requested a detailed report from the State authorities regarding the actions taken following a recent attack on Enforcement Directorate (ED) officials. This incident occurred during a search operation at the residence of former Chief Minister Pinarayi Vijayan. The case, Jojo Jose v. The Chief Secretary, was brought before the court through a Public Interest Litigation (PIL) by Jojo Jose, a practicing lawyer and social activist, seeking an investigation by the Central Bureau of Investigation (CBI).
A Division Bench consisting of Chief Justice Soumen Sen and Justice Syam Kumar VM reviewed the PIL. Chief Justice Sen expressed that requesting a CBI investigation might be premature, noting that only ten days had passed since the incident. He emphasized that the ED must have already filed a complaint with the police, and it was too soon to doubt the police’s capability to conduct a fair investigation.
Chief Justice Sen referred to Supreme Court guidelines from the West Bengal case, which outline when a CBI investigation should be considered. He noted, “It is too early to suggest that the police will not investigate properly.” The court directed the State Government Pleader to provide a statement outlining the actions taken following the registration of a First Information Report (FIR) regarding the matter.
Incident Overview
The attack on ED officials took place on May 27, during a search at the residence of former CM Pinarayi Vijayan, who was residing there with his daughter, Veena Thaikkandiyil. The search was part of an investigation into the CMRL case, involving allegations against Exalogic, an IT firm owned by Vijayan’s daughter. After the search, the ED team departed in three vehicles but was met with hostility from a crowd of approximately 300 individuals who reportedly pelted stones and attacked the officials with sticks and rods.
Court Proceedings
The PIL petitioner’s counsel contended that this was an unprecedented incident for Kerala, stressing that inaction would send a negative message to the public. The counsel also highlighted that the event was broadcast live, capturing widespread attention across Kerala. Despite these assertions, Chief Justice Sen questioned the necessity of involving the CBI, reiterating that local police should be given the opportunity to conduct the investigation unless proven otherwise.
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The counsel raised concerns about the police action, pointing out that fewer than ten arrests had been made, despite the FIR naming over 300 individuals. The counsel argued that media reports suggested a conspiracy behind the attack.
Nonetheless, the High Court deemed it premature to call for a CBI investigation and instructed the Government Pleader to submit a report on the measures taken so far. The case is scheduled for a follow-up hearing next week.
Meanwhile, five individuals arrested in connection with the attack were recently denied bail by a Judicial First Class Magistrate in Thiruvananthapuram.
