Fake Antique Dealer Case: Police Objects To CBI's Involvement In Investigation Before Kerala High Court

In its affidavit filed before the Kerala High Court, the Additional Director General of Police (Crimes) has submitted that the involvement of CBI to probe into the allegations made against fake antique dealer Monson Mavunkal was unnecessary.The affidavit was filed in a petition filed by the dealer's former driver, who had alleged harassment from his ex-employer and certain police officers close to him.No Complaint Regarding Ongoing InvestigationThe affidavit stated that as per the orders of the Court, the State Police Chief had filed an exhaustive affidavit redressing every allegation on the writ petition as well as the queries posed by the Court.In the said affidavit, the State Police Chief had also mentioned that a Special Investigation Team had been constituted to probe into the financial fraud allegations against Mavunkal. "Thus, in so far as the ongoing investigations are concerned, there is absolutely no complaint from any corners."The ADGP reiterated in his affidavit that there will not be any harassment against the petitioner from the police in violation of statutory provisions. However, it was stated that since the petitioner herein was associated with Mavunkal till recently, there were allegations against him as well which called for an investigation. Accordingly, it was submitted that the petitioner may have to face questioning and recording of statements as usual and necessary procedures in such cases.No Material Proving Involvement of ExpatriatesThe High Court while hearing the matter previously had required an assurance from the State Police Chief if the police investigation would be effective considering allegations made against officers of several ranks. On this aspect, it was stated that there were no materials to show that any allegations were levelled against any high ranking police officers above the rank of Commissioner of Police.The Court had also noted that it was in the public domain that an association of expatriates is involved in the manner and that the report of the respondents did not contain a whisper of the same. Regarding this, the affidavit responded:"..there is absolutely no material before the Court to show that the involvement of an association of expatriate was in the public domain or not. There may be many things in the public domain in connection with the affairs of the 5th respondent (Mavunkal), both facts and fiction. The official respondents were actually in a highly disadvantageous position to respond to the issues stated to be in the public domain as those issued are not borne out by the pleadings in the writ petition." No Need For An External Agency for InvestigationThe Court had also observed in one of its earlier orders that there appears to be much more than what meets the eye and suggested that the Enforcement Directorate may probe into the matter. The ADGP submitted that the SIT will leave no stone unturned in unearthing the truth of all the allegations that emerged and that there was no need for any external agency to step in. At this juncture, queries regarding the alleged inaction of the State Police to initiate proceedings under the Antiquities and Art treasures Act, 1972 has spread across the bar. Clarifying this aspect, the affidavit disclosed that the State Police was not competent to investigate on its own any offences under this Act as per Sections 25 and 26 therein."In view of the first schedule of CrPC, the offences mentioned under subsection 2 of Section 25 are non-cognizable and therefore the police cannot conduct investigation on its own."Discussing Matters Beyond Pleadings Detrimental To Effective InvestigationMoreover, it was pointed out that matters beyond the pleadings of the petitioner were being taken up and discussed by the court and that this was likely to affect the ongoing investigation. The affidavit also argued and that this could benefit the accused in the matter. "Any open discussion or consideration of critical information and leads in the ongoing investigation will provide undue advantage to the accused and thereby the criminal investigation now undertaken by the police itself would be put to peril."When the Joint Director of the ED was impleaded, the Central Government Counsel appeared on behalf of him had submitted that although an ECIR had been registered in the matter, the ED only had the jurisdiction to track the financial trail of the alleged scam and that for the other offences, the CBI may have to step in. The ADGP objected to the same saying the entry of ED and its over-enthusiasm displayed by proposing to bring the CBI into the picture cannot be viewed lightly and was alleged to be a motivated statement.It was also argued that the posture of the ED in the recent past against the State Government in certain cases are against the basic tenets of the federal system, which is an inalienable part of the basic structure of the Constitution."No one can be oblivious of the fact that the present crimes registered against the...

Fake Antique Dealer Case: Police Objects To CBI's Involvement In Investigation Before Kerala High Court

Hannah M Varghese

In its affidavit, Police also alleged that discussing matters beyond pleadings of the petitioner was likely to affect the ongoing investigation.

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