The Enforcement Directorate (ED) on Friday approached the Kerala High Court seeking documents related to two cases probed by the Special Investigation Team (SIT) in the Sabarimala gold theft incident, for initiating a probe under the Prevention of Money Laundering Act (PMLA).
In its petition, the ED said it had received information indicating that the accused’s modus operandi in the two cases probed by the SIT showed that valuable temple property was illicitly diverted and its proceeds converted for personal gain, thereby giving rise to proceeds of crime as defined under the PMLA.
The agency said that as the sole authority to investigate money laundering activities, it was duty-bound to initiate an inquiry under the PMLA to trace, identify, and attach the proceeds of crime arising from the alleged offences.
The ED stated that it had approached the Judicial First-Class Magistrate Court in Ranni, Pathanamthitta, last month seeking certified copies of the FIRs and First Information Statements (FISs) in the two cases.
However, the Magistrate dismissed the request on October 17, citing the sensitive nature of the case and noting that the investigation was being monitored by the Kerala High Court.
The ED argued in its petition that the Magistrate had incorrectly held that an investigation by another agency was prohibited by the High Court. It said the High Court had earlier directed that the FIRs registered by the Crime Branch be handed over to the SIT.
“There is no prohibition whatsoever on another investigation agency probing offences under a special legislation.
The wrong interpretation of the order of the Division Bench is far-fetched and liable to be interfered with,” the agency said.
The High Court will hear the ED’s petition on Monday. Meanwhile, former Travancore Devaswom Board secretary S Jayashree on Friday moved the High Court seeking anticipatory bail in the case related to the loss of gold from the Dwarapalaka (guardian deity) idols.
She approached the HC after her anticipatory bail plea was dismissed by the Pathanamthitta District Principal Sessions Court.
In her petition, she expressed apprehension about her possible arrest, cited health issues, and denied any involvement in the case.
The High Court will consider her petition on Tuesday.
