Masala Bond Case: Kerala HC refuses to intervene in single bench order

Masala Bond Case: Kerala HC refuses to intervene in single bench order

In a setback to the Enforcement Directorate (ED), a division bench of the Kerala High Court on Friday declined to intervene in the single bench order that former Finance Minister Thomas Isaac shall not be summoned for interrogation in the masala bond case until the conclusion of the 2024 general election since he is a contesting candidate from the Pathanamthitta constituency.

The division bench comprising Justice A Muhamed Mustaque and Justice M A Abdul Hakhim said the matter could be heard soon after the elections, i.e. in the last week of April or the first week of May. “The elections are scheduled in Kerala on 26 April 2024. Both the parties (ED and Dr Isaac) are agreeable to hear the matter immediately after the elections,” the division bench said.

Additional Solicitor General of India (ASGI) A R L Sundaresan submitted before the court that politics is not a reason to interfere with law.

The ASGI argued that the ED is entitled to continue its investigation and elections cannot be a reason to postpone the investigation. It was argued that the ED did not issue summons after the election was notified but summons were issued much before the elections. It was also argued that the ED investigation was almost over and Dr Issac had to cooperate with the summons to conclude the investigation. It was submitted that the single judge on perusal of documents submitted by the ED had found that there is some explanations to be sought from Dr Isaac and hence it was argued that elections should not be the only ground to delay the investigation.

The counsel on behalf of Dr Isaac submitted that the ED investigation on the brink of the election would affect his electoral prospects. It was argued that the ED has no bonafide and summons were issued without a prima facie case.

The ED has moved an appeal before the Kerala High Court against the order of the single bench directing that former Finance Minister Thomas Isaac shall not be summoned for investigation until the conclusion of the 2024 general election since he is a contesting candidate from the Pathanamthitta constituency.

On Tuesday, the single bench of Justice T R Ravi adjourned the hearings in the Masala Bond case stating that it was improper to disturb a candidate who is contesting the parliamentary elections. The single judge had adjourned the hearing to 22 May, that is upon reopening of court after the summer vacation.