The Kerala High Court on Thursday asked the Enforcement Directorate to explain why former Finance Minister of Kerala and CPI(M) leader Dr Thomas Issac was asked to produce private information regarding his assets at this preliminary stage of the case, particularly when Issac was not even an accused or suspect yet.
“He has a right to privacy and it can only be breached in accordance with the procedure established by law. At the first instance, at the preliminary stage itself, can you ask for all these details? What is the material before you to conclude that all these materials should be produced?..I want an answer as to why you need the documents you asked for. On that, I find there is a point to be considered. Ofcourse if it is an accused or a suspect, that is reasonable. But to ask someone to produce all this private information, this has to be explained,” Live Law quoted Justice V G Arun as saying.
Senior leader of the Communist Party of India (Marxist) Isaac on Wednesday moved the High Court seeking to quash the two summons issued to him by the Enforcement Directorate. The summons are in connection with transactions of the Kerala Infrastructure Investment Fund Board.
The court also pointed out that the first summons issued to Issac did not ask for the information about his assets, Live Law reported.
“Why the sudden change? The first summons does not mention the allegations raised in the second one”, Justice Arun asked.
Since the Union government Counsel sought more time to respond to these questions, the matter has been posted to Wednesday for further consideration.
In his petition, Isaac has contended that the central agency was attempting to conduct a “fishing and roving enquiry” into the financial dealings of the Kerala Infrastructure Investment Fund Board. The enquiry is “against the spirit of orders” of the Supreme Court, his plea stated.
“I have asked them [Enforcement Directorate] to recall the summons or clarify the offence against me or KIIFB,” Issac wrote on Twitter.
“If RBI, the FEMA regulator, has no objections what is the worry for ED?” he asked. “It is a clear case of political vendetta,” he said.
Meanwhile, Leader of Opposition in the Kerala Assembly VD Satheesan on Thursday said that the Enforcement Directorate’s notice to Isaac “does not have any relevance.”
The Congress leader said that the central agency cannot investigate foreign financial transactions like the masala bonds issued by the Kerala Infrastructure Investment Fund Board.
“Here, the issue is that a loan was availed from abroad at a higher interest rate,” Satheesan told reporters. “I do not see how that comes under the purview of the ED.”
