P.RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant writ petition is filed by the Deputy Director, Enforcement Directorate, Kochi Zonal Office, aggrieved by the registration of Exhibit P1 FIR by the Crime Branch wing of the State Police. The essential facts leading to the writ petition, are as under:

(2.) On 18.11.2020, an audio clip, purported to be that of Smt. Swapna Suresh, was aired by an online media channel, wherein she alleged that the ED officials had made her sign the Section 50 statements without allowing her to read its contents and that, she had been compelled by the officials to implicate the Chief Minister of the State. On 20.11.2020, the Deputy Director of ED sent the Exhibit R1(a) letter to the Director General of Prisons and Correctional Services, requesting for a detailed enquiry about the circumstances under which the alleged audio recording took place and to take appropriate action against the culprits. The Director General of Prisons forwarded the letter to the State Police Chief, who in turn directed a special investigation team to be constituted for conducting preliminary enquiry. During the course of such enquiry, two Women Police Constables, who had been assigned protection duty of Smt. Swapna Suresh, while she was questioned by the ED officials, stated that, on 12.8.2020 and 13.8.2020, they had overheard the ED officials coercing and cajoling the accused to give statements implicating the Chief Minister and others. The allegation being serious, legal opinion was obtained and Exhibit P1 FIR registered against the ED officials for offences under Sections 116, 120B, 167, 192, 193 and 195A of IPC.

(3.) The challenge against registration of the FIR and legality of the Crime Branch investigation is led by Sri.Tushar Mehta, learned Solicitor General of India, supported by Sri. S.V.Raju and Sri.K.M.Nataraj, learned Additional Solicitors General appearing for the Enforcement Directorate and Central Bureau of Investigation. Sri. Harin P. Raval, learned Senior Counsel appearing for the State of Kerala countered their contentions and justified the action of the Crime Branch.