New Delhi, Jan 20: The Supreme Court on Tuesday agreed to examine whether the Enforcement Directorate (ED) can file writ petitions before high courts under Article 226 of the Constitution for enforcement of its rights as a ‘juristic person’.
A bench comprising Justices Dipankar Datta and Satish Chandra Sharma issued notice on appeals filed by the Kerala and Tamil Nadu governments, challenging a Kerala High Court order that upheld the ED’s locus standi to move writ petitions under Article 226, which empowers high courts to issue writs.
A juristic person is a non-human legal entity recognised by law and entitled to rights and duties similar to those of a human being.
The appeals arise from a September 26 order of the Kerala High Court, which upheld a single judge’s decision staying a judicial inquiry into the ED’s probe into the 2020 gold smuggling case involving diplomatic channels.
The judicial inquiry commission had been constituted following allegations that ED officials coerced accused persons to implicate political leaders, including the Chief Minister, in the gold smuggling case.
The high court had dismissed the Kerala government’s appeal against the interim stay, observing that it lacked merit and that the single bench had committed no error in entertaining the ED’s petition and staying the inquiry.
The case traces its origin to a May 7, 2021 notification issued by the Kerala government ordering a judicial inquiry under the Commission of Inquiry Act, 1952, against ED officials accused of coercing the accused to name political leaders.
Former High Court judge Justice V K Mohanan was appointed to head the inquiry commission, which was tasked with examining evidence, including an audio clip allegedly involving accused Swapna Suresh and a letter written by accused Sandeep Nair, both claiming coercion by ED officers.
The ED’s deputy director had approached the high court, questioning the state government’s authority to order an inquiry against a central investigating agency.
On August 11, 2021, the single bench held that the ED had the right to approach the court and granted an interim stay on the state government’s notification, prompting the Kerala government to file an appeal. (Agencies)
