The Kerala High Court, sitting as a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM, dismissed a public interest litigation seeking a Central Bureau of Investigation probe into the assault on Enforcement Directorate officials. The Bench observed that the extraordinary power to direct a CBI investigation may be exercised only in rare and exceptional circumstances where there is material showing that the investigating agency is acting with bias or that a fair investigation is not possible.
The Court noted that the petition, filed by advocate Jojo Jose, asked for a CBI inquiry into the incident that occurred on May 27, 2026, when ED officers were attacked after completing a search at the residence of former Chief Minister Pinarayi Vijayan. The search had been carried out as part of the central agency’s probe into the CMRL case, which involves allegations against Exalogic, an information technology firm owned by Vijayan’s daughter Veena Thaikkandiyil.
According to the averments placed before the Court, after the search concluded, nearly three hundred persons surrounded the vehicle of the ED officials and pelted stones and bricks at them. It was also alleged that sticks and rods were used in the assault. The petitioner contended that the State police investigation might be influenced and therefore sought central agency intervention.
The Bench, however, emphasized that constitutional courts must exercise restraint before directing a CBI probe. It held that the record did not prima facie show that the investigating agency was acting in breach of its duty or had failed to act impartially. The Court stated that the power to order a CBI investigation must be used sparingly and with circumspection, particularly in the context of cooperative federalism, and should be invoked only when it is manifest that the State investigating agency is biased and that there is no possibility of a fair investigation, having regard to the likely influence of State machinery.