Kerala High Court Issues Notice On Businessman's Plea For Court-Monitored Investigation Into Corruption By ED Officer

The Kerala High Court on Monday (December 15) issued notice in businessman Aneesh Babu's plea for a court-monitored investigation by a central agency into the corruption case alleged against Enforcement Directorate (ED) officer Shekhar Kumar.In his plea, Babu has stated that Kumar demanded a bribe of Rs. 2 crores as bribe to settle the ED case against Babu and his family. Not bending to the demand, Babu registered a Vigilance complaint and Kumar was caught red-handed. Even though a crime was registered by the Vigilance and Anti-Corruption Bureau (VACB), he alleges that there are political and other influences that has affected the proper investigation in the case.When the matter came up for consideration, Justice A. Badharudeen issued notice to all the respondents.The public prosecutor took notice for Department of Home Affairs Secretary, Director General of Police, VACB and the Superintendent of Police. The special public prosecutor took notice on behalf of the Director and Superintendent for the Central Bureau of Investigation whereas the Standing Counsel took notice for the Assistant Director of Directorate of Enforcement. The Court also issued notice to Shekhar Kumar.According to Babu, he is involved in the business of cashew export in Tanzania and his parents are also in the same business in Kollam. However, there was a ban on export in Tanzania resulting in Babu and his family being unable to fulfill certain contractual obligations with a few purchasers. Thereafter, they had to sell their properties so as to obtain raw cashew at exorbitant prices to meet the same. However, the purchasers filed criminal cases against Babu and family that are now being investigated by the Crime Branch. Subsequently, the ED filed cases against them too under the Prevention of Money Laundering Act, 2002 and they received summons in 2021. Thereupon, they appeared before the ED, gave a detailed explanation and handed over all documents related to the business.After a gap of a few years, in 2024, another summons was issued to them and on appearance, it is alleged that they faced harassment at the hands of the ED officers. Apprehending arrest, Babu and parents approached the High Court seeking anticipatory bail.It is alleged that later, Babu was contacted by ED officer Shekhar Kumar who demanded a bribe of Rs. 2 crores for settling the ED case. However, Babu filed a complaint against Kumar before the VACB. It then set a trap against Kumar and caught him red-handed. A crime was registered against the official and investigated by the VACB.Babu states in his plea that there are irregularities in the investigation into the said crime because of the influence exercised. He, therefore, sought a direction for investigation by a Central Investigation Agency under the monitoring of a judge.“It is learnt that the illegal transaction committed by the said Enforcement Directorate officers and their agents were unearthed and proceedings were also initiated to arrest the corrupt officers, but surprisingly on the very next day itself Superintendent of Vigilance and Anti-Corruption Bureau, Ernakulam unit Mr. S. Sasitharan was transferred to some other post, and it is further learnt that thereafter no proper investigation is being conducted in the said case due to political and other interferences in the said case. It is submitted that since huge corruption and illegal activities are committed by Enforcement Directorate Officer's and their agents by transferring the bribe amount to the Bank account of fictitious persons in the State of Maharashtra and from there to several other bank accounts and persons,” states the plea.In his prayers, he has sought a direction to the CBI to register a case and investigate the same. Further, he has prayed for a continuous mandamus for investigation to be monitored by the High Court either directly or through a retired judge of the High Court.Additionally, he has sought for a direction to the CBI to consider the representation made by him for CBI investigation.Recently, the High Court had rejected the anticipatory bail plea of Babu, in the case in which he is accused of money laundering and cheating a total of around ₹25 crores from multiple persons promising to deliver them imported cashews.In July, the High Court had granted bail to Kumar in the case registered based on Babu's complaint.The case is next posted on January 14.The petition is moved by Advocates Liju V. Stephen, Indu Susan Jacob, Jiji Joy, and Sanjay Johnson. Case No: WP(Crl.) 1749/2025Case Title: Aneesh Babu v. The Secretary, Home Affairs and Ors.

Kerala High Court Issues Notice On Businessman's Plea For Court-Monitored Investigation Into Corruption By ED Officer

K. Salma Jennath

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