KOCHI: The stage is set for a legal battle after the crime branch registered a case against the Enforcement Directorate (ED) for allegedly inciting Swapna Suresh to testify against the Chief Minister in the gold smuggling case. The position of the court will be decisive when the two investigative agencies come face to face.

The case alleges that when Swapna was questioned in custody on August 12,13, 2020, the ED forced her to testify that the Chief Minister was involved in the gold smuggling. Siji Vijayan and S Rejimol, two women civil policemen who were in charge of security when Swapna was presented, confirmed the statement. The case was registered under the sections of incitement to commit a crime, criminal conspiracy and threatening to give false evidence.

The Principal Sessions Court has also directed the ED to give an explanation by March 26 in the letter of Sandeep Nair, another accused who alleged he was pressured to name the Chief Minister.

ED's possibilities

Advocates of the Central Government point out that ED officials have special protection under Section 67 of the Prevention of Money Laundering Act. The action of the women police officers who gave statements against the ED is also wrong. They are obliged to report such an incident on the same day. Delay in disclosure is an offense under Section 118 of the Indian Penal Code. The ED had lodged a complaint with the DGP in November seeking action against them.

Section 67

Orders and proceedings under this section of the Prevention of Money Laundering Act cannot be quashed, amended or prosecuted in civil courts. There will be no prosecution or other action against the government and its officials for doing or intending to do so in good faith. When the law says that protection is for things done in good faith, the court will also discuss whether the action of the ED is well-intentioned.