KOCHI: The Enforcement Directorate (ED) came to the fore against the decision of the government to conduct a judicial inquiry against central investigation agencies in the gold smuggling case. While considering the plea filed against the appointment of the judicial commission, the ED argued in the high court that the state government don’t have the power to appoint a judicial commission in a case involving a central agency and that a parallel inquiry was not appropriate.

The ED said that if there was an allegation that the officials had threatened to file a complaint, they should approach the court and argued that the notification constituted by the commission was to obstruct the investigation. Solicitor General Thushar Mehta informed the court that the Kerala government had no authority to do anything on the basis of the commission's report.

Investigation by the central agency is monitored by the court. Under the Commission of Inquiries Act, states cannot conduct probe against central agencies. The ED also asked the judicial commission to stay the investigation.

The government argued in the court that ED’s plea against the judicial commission would not stand. The government told the court that the ED is only a department under the central government and whether such a department could file a petition against the state government. The government said it was wrong to make the chief minister a party to the plea and asked time to file a counter affidavit on the plea.