KOCHI: The Kerala government suffered a setback on Friday when a Division Bench of the High Court dismissed its appeal challenging an earlier order that had stayed the appointment of a judicial commission to probe Enforcement Directorate (ED) officials in the sensational gold smuggling case.
The state had constituted the judicial commission to investigate the conduct of Central agency officials during their probe into the case.
However, the Single Bench had stayed the appointment, prompting the government to move the Division Bench.
With the appeal now dismissed, the stay on the commission’s proceedings will continue.
The Enforcement Directorate, which opposed the judicial commission, argued that no inquiry against its officers could proceed while the gold smuggling case itself remained under investigation.
The agency also cited provisions of the Commissions of Inquiry Act, 1952, pointing out that a state government has no jurisdiction to set up a commission to investigate a Central agency.
It further contended that the move by Chief Minister Pinarayi Vijayan to appoint the body amounted to abuse of power and lacked any legal validity.
The ED alleged before the court that the state government’s attempt was aimed at derailing the ongoing probe into the gold smuggling scandal.