Kerala government awaits EC’s nod for judicial inquiry against central agencies

When the going gets tough, the tough get going. That is how a CPI(M) leader characterized the embattled Pinarayi Vijayan Government’s unprecedented decision to launch a judicial inquiry against central agencies investigating gold smuggling and other related cases. A Cabinet meeting appointed retired High Court judge VK Mohanan as the chairman of the Commission.

The decision, construed as an all-out war against the central investigating agencies, has stunned the central agencies, which had already been pushed to the defensive after the Crime Branch(CB) registered a case against the Enforcement Directorate (ED). An eight-member CB team will probe the case against the ED, which has been charged with forcing the prime accused in the gold smuggling case, Swapna Suresh, to give a statement against the Chief Minister.

The Government, pushed against the wall by various probe agencies like the ED, the National Investigation Agency (NIA), the Central Bureau of Investigation and the Income Tax Department, is now awaiting the green signal from the Election Commission. The Government has to seek the permission of the EC as a model code of conduct is in force in the State, which is in the thick of an election battle. If the EC denies the nod, then the Government will explore other ways to counter the combined offensive by the central probe agencies against the State Government.

As per its terms of reference, the Commission will inquire whether the central agencies have gone beyond their mandate. The Commission will also consider an investigation into the cases relating to the voice clip purportedly of gold smuggling case accused Swapna Suresh, a letter by Sarith, another accused in the case, and three other cases.

The voice clip had revealed that Swapna had been forced by the ED to depose against the Chief Minister in the case. The Commission will also examine whether anyone had forced her to implicate the CM in the case, who had exerted pressure on her, what was the motive and whether there was any conspiracy. The Commission will file its report to the State Government, recommending steps to be taken against the agencies in case there was a conspiracy.

It may be mentioned that, apart from the gold smuggling and reverse hawala cases being looked into by the central agencies, the IT Department had also carried out a raid at the headquarters of the Kerala Infrastructure Investment Fund Board (KIIFB). The IT department was looking for details of financial transactions made with contractors awarded various works funded by the KIIFB. The IT raid had incurred the wrath of the State Government. And Chief Minister Pinarayi Vijayan and other CPI(M) leaders have termed the raid as a violation of the federal principles.

“Just because you have the power, you are not supposed to barge into any place. The officials who conducted the inspection at KIIFB did not do so on their individual whims. The inspection was clearly on the orders given by a few top officials and the Union Government. If they think they can humiliate us by carrying out an inspection of the KIIFB, it is the Union Government which will end up with egg on its face. Such attempts to halt the State’s development are simply not acceptable,” thundered the Chief Minister. The people, he said, would give a befitting reply in the election. KIIFB, he added, was not a makeshift institution. It is a product moulded by the State Assembly with clearance from the Reserve Bank of India (RBI), he pointed out.

The Opposition has, expectedly, dubbed the decision to launch a judicial probe as a publicity stunt. Congress leader Chennithala said such absurd acts would not fool the people. In his reaction, BJP leader and Union Minister V Muraleedharan said the decision, the ‘joke of the century’, was to save face before the elections.

Legal experts are divided over the move. A section of legal luminaries is of the view that a judicial inquiry cannot be launched under the Commission of Inquiry Act. Those who do not agree with the view say that it is very much possible. They say that no central investigating agency can interfere in a state without the prior permission of the State Government. The Chief Minister is also on record that a judicial probe can be held and that the Government had sought legal advice before taking the decision.

There is, of course, a clear political motive, too, to the decision. By launching a judicial inquiry, the Government was sending an unambiguous message to its detractors, that the LDF Government alone can take on the unprecedented acts of vengeance being resorted to by the BJP-led Government at the Centre. The move will also help the Government to dismiss the allegations about there being a ‘deal’ between the CPI(M) and the BJP in the State – a charge made by RSS ideologue R Balashankar, who was denied a ticket to contest the Assembly election from the Chengannur constituency.

In its latest move, the Enforcement Directorate has claimed, through a document submitted in the Kerala High Court , that Swapna Suresh had deposed that Speaker P. Sreeramakrishnan used to call her to a flat and had plans to set up a branch of an Oman-based college. As she did not agree to his ‘personal interests’, the role offered to her in the Middle East College was cancelled.

The Speaker has, however, termed the statements ‘factually wrong and absurd.” The ED is coming out with all sorts of stories with an eye to the impending election. The people of Kerala are too intelligent to be taken in by such distorted and fancy stories being churned out by the central investigating agency, he opined. The Chief Minister too is of the considered view that the central agencies were doing all this to discredit the LDF Government.

More provocations could be expected in the coming days. But the more these agencies try to intimidate the LDF Government, the greater will be the support to the besieged Government, CPI(M) and CPI leaders point out.

(IPA Service)