Kerala

Central investigating agencies exceeding jurisdiction in Kerala, alleges Vijayan

Our Correspondent

Kerala Chief Minister Pinarayi Vijayan has said that the various central investigating agencies probing into the gold smuggling case are exceeding their jurisdiction in a concerted effort to malign and destabilise the constitutionally elected government in the State.

The Chief Minister said, “These central agencies have exceeded their brief and their actions are a clear violation of the federal norms mandated by the constitution of our country. Without the intention of blaming any agency or official, I would like to clarify that the professional standards generally accepted by investigative agencies are being subverted and the investigations are being diverted to suit certain vested interests.

“When the state government asked the central government for a comprehensive and coordinated inquiry into the crime that was destabilising the country’s financial security, we had a legitimate expectation that the investigation would go through proper legal channels. But some interventions on the part of these agencies have cast doubt on whether our expectations were misplaced. The investigation is something that should be done confidentially by an agency but it looks like they are following a predetermined path scripted by few people outside the agency and this is a serious situation where such actions would undermine their credibility.”

Mr. Vijayan also said that professional investigations should be non-partisan, should not be based on prejudice and should not be done with malicious intent. “There are multiple central agencies conducting various investigations here – Customs in the gold smuggling case, the Enforcement Directorate in the Red Crescent incident, the CBI and the NIA in some other cases. But there are limits to what each agency can do and agencies should not go beyond their jurisdiction. Such interventions demoralise the officials who are working tirelessly for the success of projects like the Life Mission.”

The situation has arisen where the Central Government-controlled investigative agencies are responsible for analysing the policies and programmes of the State Government. “This is in no way acceptable to those who believe in democratic values and respect the Constitution. The way in which the state government is seen as a total culprit is a remnant of the colonial approach. Political opponents may have the ulterior motive of undermining the morale of the bureaucrats and smashing such schemes while aiming to bring about great achievements in the social and material spheres in Kerala. The crucial question before us is whether investigative agencies can act as ‘Checks and Balances’?” the Chief Minister asked.

Some of these agencies are encroaching on the executive powers of the State government and the scrutiny of constitutional institutions. “It is a violation of their own jurisdiction and thereby an encroachment on the Constitution. This is undemocratic and unconstitutional and it cannot be allowed. The State Government will make the necessary interventions within the existing legal framework. The state government has given full cooperation to all the investigations and will continue to do so but the way it is moving in the wrong direction is by no means acceptable”, the Chief Minister said.

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