Show some deference to court, HC tells Govt

KOCHI: The Kerala High Court on Wednesday observed orally that the court needs to be shown “some deference” even as it accepted the state government request to adjourn the hearing on the second FIR registered by the Crime Branch against an unnamed Enforcement Directorate officer till Thursday. Appearing for the government, senior state prosecutor Suman Chakravarthy assured the HC that no further step would be taken in the Crime Branch probe till the court takes up the case again. The government made the submission in response to a petition filed by P Radhakrishnan, the deputy director of ED’s Kochi unit. 

The Crime Branch had registered the FIR following a complaint lodged by gold smuggling accused Sandeep Nair, who is currently in judicial custody. Sandeep had complained that the investigating officer forced him to name the Chief Minister, state ministers and the son of a prominent person in the gold smuggling case.

Chakravarthy submitted that Supreme Court lawyer Harin P Raval, who is engaged in another court, is appearing for the government in this case too. Accepting the plea to adjourn the case, the court stated orally: “Don’t proceed with the probe as such. The second FIR was registered when the court is considering the legality of the other FIR in a similar matter. There has to be some deference to the court.”

The Crime Branch had booked the ED investigating officer under IPC sections 116 (abetment), 167 (public servant framing an incorrect document with intent to cause injury), 192 (fabricating false evidence), 193 (giving or fabricating false evidence in a judicial proceeding) and 195 A (threatening any person to give false evidence).The first FIR was registered against the ED for allegedly having forced Swapna Suresh, the prime accused in the gold smuggling case, to give a false statement against Chief Minister Pinarayi Vijayan. Later, the ED approached the court seeking to quash the FIR.