Kerala High Court Refuses CBI Probe Against ED Officer In Alleged Bribery Case, Calls Plea 'Premature'
The Kerala High Court on Monday (25 May) declined to transfer an ongoing criminal investigation alleged against Enforcement Directorate (ED) officer Shekhar Kumar to the Central Bureau of Investigation (CBI), holding that the matter is still under active probe by the Vigilance authorities and that it would be premature to order a central agency investigation at this stage.Justice A....
The Kerala High Court on Monday (25 May) declined to transfer an ongoing criminal investigation alleged against Enforcement Directorate (ED) officer Shekhar Kumar to the Central Bureau of Investigation (CBI), holding that the matter is still under active probe by the Vigilance authorities and that it would be premature to order a central agency investigation at this stage.
Justice A. Badharudeen passed the order.
In his plea, businessman Aneesh Babu alleged that Kumar demanded Rs. 2 crores as bribe to settle the ED case against Babu and his family. Not bending to the alleged demand, Babu registered a Vigilance complaint and Kumar was apparently caught red-handed. Even though a crime was registered by the Vigilance and Anti-Corruption Bureau (VACB), Babu alleges that there are political and other influences that have affected proper investigation in the case.
The Court, while hearing the matter today orally stated that genuine grounds must be laid down to change the investigating agency.
“Change in the investigation agency.. There must be genuine grounds and serious flaws that requires to be noted . How can you say that there should be change in the investigating agency? I shall leave this open… if you are not satisfied with the outcome of the investigation, you have the freedom to come again,” Court said orally
The Court noted that a crime had already been registered and that investigation was progressing. The Court further noted that pursuant to an earlier direction dated 22 February 2026, the investigating team had produced details of the bank transactions connected with the crime before the Court in a sealed cover. The Court directed that the documents shall remain in permanent custody in sealed cover and may be opened only upon further orders of the Court.
The Court observed that the investigation was already underway and therefore intervention by the CBI was not warranted at the present stage.
“On perusal of the records filed by the vigilance, it is noticeable that crime has already registered and investigation has been already going on. In such instances, it is too premature to order investigation of crime by the CBI and therefore the said prayer is rejected.” The court said.
The Court thus directed the investigating agency to conduct the investigation effectively and complete the same within 90 days from the date of receipt of the order.
While disposing of the writ petition, the Court clarified that if the petitioner remains aggrieved by the manner of investigation after completion of the probe, he would be at liberty to approach the Court again in accordance with law.
Case Title: Aneesh Babu v. The Secretary, Home Affairs and Ors.
Case No: WP(Crl.) 1749/2025
Citation: 2026 LiveLaw (Ker) 288
Counsel for Petitioner: Liju V. Stephen, Indu Susan Jacob, Jiji Joy, Sanjay Johnson Mathew
Counsel for Respondents: Sreelal N. Warrier (SC - CBI), Jaisankar V. Nair (SC - ED)