AJI KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks for a direction to the Customs and Enforcement Directorate, Government of India to conduct a fair and time bound investigation into allegations of money laundering and illegal gold smuggling, taking into consideration the statements made by the accused with regard to the involvement of high-ranking political functionaries of the State. Petitioner has also sought further directions to monitor the investigation by the said two agencies.

(2.) According to the petitioner, on 5/7/2020, the Customs and Preventive Commissionerate had seized 30 Kgs of gold from a diplomatic cargo and on preliminary enquiry, the Customs found that the 6th respondent - Ms.Swapna Suresh, had played a major role in gold smuggling activities. According to the petitioner, the 6th respondent had made various revelations in her statement regarding the involvement of several persons, based upon which, a show-cause notice dtd. 29/7/2021 was issued to six persons. Petitioner also alleges that even though the show-cause notice mentioned the involvement of persons holding constitutional posts in the State in the illegal export of foreign currency, using diplomats of the Consular General's Office, no serious investigation was conducted into the said allegation. Petitioner further alleges that in the statements of the 6th respondent and another person by name Sri.P.S.Sarith, they had detailed the involvement of Sri.P.Sreeramakrishnan, the then Speaker of the Kerala Legislative Assembly. According to the petitioner, despite these allegations and statements, no investigation was conducted by the Customs, especially into the allegations against Chief Minister Sri. Pinarayi Vijayan and curiously, he was left out of the investigation.

(3.) Petitioner also alleges that the 6th respondent had, in various press conferences and interviews, apart from her autobiographical book, specifically mentioned the involvement of the Chief Minister of Kerala Sri. Pinarayi Vijayan and his family, as well as that of the former Speaker Sri. P.Sreeramakrishnan and other high ranking officials in the office of the Chief Minister in the gold smuggling, money laundering and other corrupt activities. Petitioner alleges that the investigation failed to concentrate on the involvement of these personalities. Though the Customs and the Enforcement Directorate had initially proceeded with the investigation, it has come to a standstill, enabling the accused to tamper with the evidence. It is also alleged that the investigating agencies have miserably failed to investigate the role of the persons mentioned. Thus the petitioner has sought a fair, transparent and time-bound investigation.