Today (9th April), Kerala High Court ruled it improper to compel a Lok Sabha election candidate to appear before the Enforcement Directorate (ED) just before polls. The court emphasized the importance of fairness in electoral processes. This decision highlights the need for balanced legal proceedings during election seasons. It highlights the court’s commitment to upholding democratic principles and protecting candidates’ rights.
Kerala: The Kerala High Court recently made an observation stating it inappropriate to compel Dr. Thomas Isaac, a candidate from the CPI(M) party in the Lok Sabha Elections 2024, to appear before the Enforcement Directorate.
This decision comes as the elections are less than a month away. The court, presided over by Justice TR Ravi, hearing petitions filed by former State Finance Minister Thomas Isaac and officials of the Kerala Infrastructure Investment Fund Board (KIIFB). These petitions challenged the summons issued to them by the Enforcement Directorate regarding an investigation into the masala bonds case.
Read Also:Kerala HC Judge Critiques POCSO Court Conditions
The court acknowledged that the information provided by the Enforcement Directorate, as requested by the court, indicated that there are certain transactions that may necessitate further explanation. However, the court deemed it unnecessary and untimely to compel Isaac and the officials to appear before the Enforcement Directorate at this stage.
In its order, the Court stated,
“The counsel representing the Enforcement Directorate provided certain material to demonstrate that there are transactions involving the utilization of the received funds that require clarification. I have examined the material, but I do not believe that it is appropriate for me to disclose the information at this stage. However, I acknowledge that certain transactions do require explanation, and this can be addressed at a later stage, particularly considering the upcoming elections. The petitioner in WPC 3719/2024 (Isaac) is a candidate, and I believe it would be improper to disturb a candidate who is in the midst of an election campaign for parliamentary representation at this juncture when elections are imminent.”
The Court decided to postpone the case until May 22, following its upcoming summer break. This case involves allegations of Foreign Exchange Management Act (FEMA) violations related to Masala Bonds issued by KIIFB. Masala bonds are rupee-denominated bonds issued abroad by Indian entities.
Read Also: Kerala HC Denies Bail to Accused in Temple Fireworks Blast Case
The dispute began in 2022 with ED summons to KIIFB officials and Isaac, which later withdrawn but reissued in January.
Isaac and KIIFB officials argue that the summons lack specific transaction details.
The Court reviewed ED’s materials but refrained from mandating appearances until the next hearing. Legal counsels for the parties include Senior Advocates Jaideep Gupta and Arvind Datar, and Additional Solicitor General ARL Sundaresan representing the ED.