Kochi | The ED has opposed in the Kerala High Court the bail plea of a person accused of attacking the agency's officials following a search at former CM Pinarayi Vijayan's residence in May this year, claiming that it was a "coordinated and organised assault" and not a spontaneous protest.
The agency has contended that the May 27 attack on its officials cannot be viewed as an ordinary law-and-order incident or a spontaneous public protest, as it happened following the conclusion of a several-hours long search proceedings.
The ED search was linked to financial dealings between Vijayan's daughter's firm and a sand mining company, Cochin Minerals and Rutile Ltd (CMRL).
Investigating agencies allege that Vijayan's daughter, T Veena, and her firm, Exalogic Solutions, received money from CMRL, a sand-mining company, between 2017 and 2020 for IT and consultancy services that were allegedly never provided.
Veena and CMRL deny any wrongdoing and maintain that the payments were part of a legitimate commercial arrangement.
Following the search, as the ED officials were leaving, a mob had attacked the vehicles carrying them, allegedly causing injuries to one of the drivers, a CRPF officer and a member of the search team.
In its affidavit, filed through advocate Jaishankar V Nair, opposing the bail plea of the accused, the ED has claimed that "the allegations disclose a coordinated and organised assault on the officers of a central investigating agency who had lawfully conducted search proceedings pursuant to statutory powers vested under the Prevention of Money Laundering Act".
It further claimed that the object of the unlawful assembly was not merely to protest against the search proceedings, but to obstruct the lawful investigation, deter public servants from discharging their statutory functions, intimidate the investigating officers and prevent due administration of criminal justice.
The agency has alleged that it was a "violent, pre-planned, politically coordinated attack" and dangerous weapons were used in the assault.
It also said acts committed by an unlawful assembly were attributable to its every member, even if some of them did not use any weapon or were not accused of any overt act.
The agency also claimed that there were around 300 people accused of the assault, and of them, many were absconding or yet to be identified; witnesses remained to be examined, and therefore, bail cannot be granted to the accused.
