The Kerala High Court issued notice on a petition filed by a businessman seeking a court-monitored investigation by a central agency into allegations of corruption against an officer of the Enforcement Directorate. In his petition, the businessman stated that the Enforcement Directorate officer demanded a bribe of ₹2 crore to settle a money laundering case against him and his family. According to the businessman, after he refused to accede to the demand, he filed a complaint with the Vigilance and Anti-Corruption Bureau, which conducted a trap and caught the Enforcement Directorate officer red-handed. He alleged that the subsequent investigation into the corruption offence was being impeded due to political and other influences, affecting the proper course of inquiry and accountability.
The petitioner explained that he is engaged in the business of cashew export in Tanzania, and due to a ban on exports, he and his family were unable to fulfil contractual obligations, which led to difficulties in the business, including the sale of properties to obtain raw material at higher prices. Thereafter, purchasers filed criminal cases against him and his family, which the Crime Branch is now investigating. The Enforcement Directorate also initiated cases against them under the Prevention of Money Laundering Act, in response to which they received summonses over the years. The petitioner stated that on being summoned again in 2024, he faced harassment during interactions with the Enforcement Directorate officials, and subsequent events led to the bribery allegation against the officer.
When the matter came up for consideration, the High Court’s bench issued notice to all respondents including the Secretary of the Department of Home Affairs, the Director General of Police, officials of the Vigilance and Anti-Corruption Bureau, the Superintendent of Police, the Director and Superintendent of the Central Bureau of Investigation, and the Enforcement Directorate officer against whom the corruption allegation was made. The notice directs the respondents to respond to the claims made in the petition, which seeks, among other reliefs, a direction for the Central Bureau of Investigation to register a case and carry out an independent investigation into the alleged corruption. The petitioner also sought a continuous mandamus for the investigation to be monitored by the High Court itself or through a retired High Court judge to ensure impartiality and thoroughness.
In issuing notice, the High Court indicated its intent to examine the substantive issues raised in the petition and allow the respondents an opportunity to address the allegations and legal contentions. The case is expected to proceed on subsequent dates after the respondents file their replies, reflecting judicial oversight at an early stage of the dispute concerning the conduct of an Enforcement Directorate official and the manner in which related investigations have been carried out.
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