JOJO JOSE Vs. CHIEF SECRETARY GOVERNMENT OF KERALA

JUDGEMENT

(1.) Heard Mr. Radhakrishnan R., learned counsel for the petitioner, Mr. Jaisankar V. Nair, learned Standing Counsel for the Enforcement Directorate, Mr. Sreelal N. Warrier, learned counsel for respondent No.4, Mr. C. Rasheed, Special Government Pleader to DGP and Mr. P Sreekumar, learned Additional Solicitor General for India instructed by Mr. Amal Parthasaradhy, learned Central Government Counsel.

(2.) The present writ petition has been filed in the nature of a Public Interest Litigation (PIL) by a practicing advocate at Delhi and Kerala. The petitioner also claims to be a social worker.

(3.) The genesis of the present application appears to be an untoward incident that occurred during the search operations conducted by the Enforcement Directorate (ED) at various locations linked to the family of the former Chief Minister. The writ petitioner has alleged that various obstructions were created by supporters of the Left Democratic Front during the search operations. It is further alleged that, in view of the attack on and assault of the Enforcement Directorate (ED) officials during the raid, FIR No. 0762/2026 was registered by the Sub-Inspector of Police, Museum Police Station. The petitioner contends that the registration of the aforesaid FIR by a junior police officer would not result in an impartial and effective investigation capable of unearthing the true nature of the crime where senior MLAs, MPs and former ministers had allegedly interfered with law enforcement. It is alleged that the FIRs deliberately do not mention the political leaders involved and that there is a possibility of negotiated policing, which may not lead to a proper investigation. Therefore, in order to protect the federal officials from the State-sponsored violence and to ensure a fair investigation, it is imperative that the investigation into the two FIRs, namely, FIR Nos. 0762/2025 and 0763/2026, be transferred to the CBI.