Kerala HC quashes FIRs against ED officials in gold smuggling case
The Hindu
In a setback to the LDF government, the Kerala High Court on Friday quashed the two First Information Reports (FIRs) filed by the state police against some unnamed officials of the Enforcement Directo
In a setback to the LDF government, the Kerala High Court on Friday quashed the two First Information Reports (FIRs) filed by the state police against some unnamed officials of the Enforcement Directorate (ED), in Kochi for allegedly forcing Swapna Suresh, and Sandeep Nair, both prime accused in the diplomatic gold smuggling and money laundering cases, to give false statements against Chief Minister Pinarayi Vijayan and other higher ups in the government. Justice V.G. Arun held that the police could not have registered the FIRs for the offence under section 193 of the Indian Penal Code IPC (fabrication of false evidence), against the ED officials in view of the bar under Section 195(1)(b) of Criminal Procedure Code (Cr.PC). As per Section 195(1)(b) CrPC, only the court before which the proceedings in a case were pending could take cognizance of an offence of fabrication of evidence.
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