Kerala High Court Directs State to File Progress Report on Attack Against ED Officials; Holds Request for CBI Probe Premature

KOCHI — The Kerala High Court has directed the State Government to submit a comprehensive progress report detailing the steps taken regarding the investigation into the violent mob attack on Enforcement Directorate (ED) officials on May 27.

The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., issued the directive during the preliminary hearing of a Public Interest Litigation (PIL) seeking an immediate transfer of the investigation to the Central Bureau of Investigation (CBI).

While seeking the State's response, the Bench orally observed that bypassing the local law enforcement machinery within ten days of the incident would be premature under the existing constitutional framework.

Procedural Framework and Precedent
The petition, filed by advocate and social activist Jojo Jose (Jojo Jose v. The Chief Secretary & Ors.), contends that a fair and unbiased investigation by the local police is compromised due to the high-profile political context of the case.

However, the Bench emphasized the necessity of maintaining federal equilibrium, noting that the state police must be granted an adequate opportunity to carry out their statutory duties before a central agency is interjected.

In declining to transfer the probe at this preliminary stage, the Court explicitly relied upon the settled jurisprudence laid down by the Constitution Bench of the Supreme Court in State of West Bengal v. Committee for Protection of Democratic Rights (2010). The Bench reiterated that:

The extraordinary power of the High Court under Article 226 to transfer an investigation to the CBI must be exercised sparingly, cautiously, and only in exceptional situations where it becomes apparent that the state machinery is unable or unwilling to conduct an impartial probe.

Arguments of the Parties
The counsel appearing for the petitioner argued that the incident represents a breakdown of law and order, asserting it to be a "rarest of rare" occurrence in the state's recent legal history. The petitioner highlighted that the assault on central agency officials—which was broadcast live across news channels for several hours—involved a mob of nearly 300 individuals.

The petitioner raised serious concerns regarding the pace of the investigation, pointing out that despite the registration of an First Information Report (FIR) naming a massive assembly, fewer than ten individuals have been taken into custody. It was further alleged that a wider political conspiracy exists to stymie the central agency’s ongoing investigation into the CMRL/Exalogic IT firm transactions.
Conversely, the State Government Pleader maintained that law enforcement acted swiftly. The State assured the Bench that an FIR was registered immediately under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) for rioting, obstructing public servants, and assault. The State further placed on record that five key accused persons had already been apprehended, and their bail applications were subsequently rejected by the Judicial First Class Magistrate Court in Thiruvananthapuram due to the gravity of the offense.

Order of the Court
The Division Bench declined to pass any interim orders transferring the investigation but noted that the safety of central agency officials during statutory duties is paramount.
The Court directed the State Government to file a detailed statement of facts and a progress report outlining the identity of the persons arrested, the steps taken to identify the remaining members of the mob, and the security protocols established for central officials.

The matter is listed for further hearing next week for evaluation of the State's report.

Discription: The Kerala High Court has directed the State government to file a detailed progress report regarding the investigation into the May 27 mob attack on Enforcement Directorate (ED) officials. The central team was assaulted following searches at the residence of a former Chief Minister in connection with an ongoing financial probe. Hearing a Public Interest Litigation (PIL) seeking a transfer of the case to the CBI, a Division Bench led by Chief Justice Soumen Sen termed the request premature. Citing Supreme Court precedent on federal equilibrium, the Bench emphasized that local police must be granted a fair opportunity to investigate first. While the petitioner alleged a wider political conspiracy and slow progress, the State maintained that prompt action is underway, with multiple arrests already made. The matter is listed for next week.