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'Not Proper' for ED to Summon CPI(M)'s Thomas Isaac During Polls: Kerala HC

Isaac had said in his petition that the only intention behind the latest summons was to obstruct his election campaign.
Ex-Kerala finance minister Thomas Isaac. Photo: The Wire

New Delhi: The Kerala high court on Tuesday (April 9) told the Enforcement Directorate (ED) not to summon Communist Party of India (Marxist) leader and former Kerala finance minister Thomas Isaac for questioning during the election period. It is “not proper” to summon a candidate during this period, the court said.

Isaac is contesting the upcoming Lok Sabha elections from the Pathanamthitta constituency in Kerala as the Left Democratic Front candidate.

The court passed this order on Isaac’s plea challenging the ED’s summons issued to him in connection with a masala bonds case. He said in his petition that the only intention behind the latest summons was to obstruct his election campaign, The Hindu reported.

Last week, according to LiveLaw, the court had asked the ED to convince the court on even a single transaction that proved illegal conduct on Isaac’s part. The ED submitted some documents to the court on Monday, and the bench said some of the transactions may require an explanation.

“I have gone through the files placed before me and I do not think it is proper stage to disclose details since these are matters to put to the persons facing investigation. However, I find that some transactions require explanations and the manner in which the explanations are received by the ED will be considered a later stage since the elections are due and the petitioner is also a candidate,” Justice Ravi said.

“I think it is not proper to disturb a candidate who is facing an election for a representation in the Parliament at this stage, particularly because only less than a month is available for completing the elections,” he continued.

The matter has next been posted for hearing on May 22. This will be after polling is complete in Kerala, scheduled for April 26.

The Kerala high court’s remarks and relief for Isaac come at a time when the ED is facing severe criticism from opposition parties for its alleged interference in the elections by targeting only opposition leaders. Opposition parties have referred to the investigative agency as an “arm of the Bharatiya Janata Party”. This criticism has only grown louder after the recent arrests of Aam Aadmi Party leader and Delhi chief minister Arvind Kejriwal and Jharkhand Mukti Morcha leader and former chief minister Hemant Soren.

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