Title: Kerala Infrastructure Investment Fund Board (KIIFB) v. Director, Directorate of Enforcement and connected matter
Decided on: 24 November, 2023
+ WP(C) 26228/ 2022 and WP(C) 25774/2022
CORAM: HON’BLE Justice Devan Ramachandran
Introduction
In connection with the masala bonds case, the Kerala High Court gave the Enforcement Directorate (ED) permission to serve new summonses to the Kerala Infrastructure Investment Fund Board (KIIFB) and Dr. T.M. Thomas Isaac, a former minister.
Facts of the Case
The petitioners’ attorney said that the ED’s inquiry was being carried out in an apparently endless fashion, seriously harming the petitioners, and he asked the court to get involved. Despite the opposing views, the Court first felt that the ASGI’s recommendation should be accepted because any such summons would also be the subject of additional assessment by the Court during the proceedings. In his plea, Dr. Isaac asserted that the agency was attempting to carry out a “fishing and roving” investigation against him without disclosing the specific nature of the violations. In response, the High Court had previously questioned why ED was requesting that Dr. Issac produce documents pertaining to the assets in the first place and added that he was entitled to privacy.
Courts analysis and decision
In October 2022, the Court postponed for two months the further issuance of summonses against KIIFB and Dr. Isaac. The subject will now be rescheduled for further discussion on December 1, 2023.
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Written by- Hargunn Kaur Makhija
