Setback for state govt in gold smuggling case: Stay on appointment of judicial commission to continue

KOCHI: The state government has suffered a setback in the gold smuggling case. The division bench has also dismissed the appeal filed by the state government against the single bench verdict staying the process of appointing a judicial commission against the central investigation agency, the Enforcement Directorate (ED) officials in the case. With this, the stay on the appointment of the commission will continue. The ED had sought a stay on the investigation against their officials as long as the gold smuggling case remains.

The ED claimed that the state government does not have the authority to appoint such a judicial commission against the central agency under the Commission of Inquiry Act of 1952 and therefore the chief minister's stand in appointing the commission is misuse of power. The ED informed the court that the commission is not legally valid and that it is an attempt by the state government to sabotage the case.

However, the government argued in the court that the ED's plea against the appointment of the commission is not maintainable. The single bench issued an order rejecting this. The government appealed against this and it has now been rejected by the division bench. The government appointed the commission to investigate whether central agencies conspired to implicate the chief minister, the then assembly speaker and others in the gold smuggling case.