The Supreme Court will hear the right of ED to file a writ petition.
Digital Desk, New Delhi. The Supreme Court on Tuesday agreed to hear the issue of whether the ED can file a writ petition in the High Court for enforcement of its powers as a juristic person under Article 226 of the Constitution.
Juristic Person is a non-human legal entity, which is recognized by law and which has rights and responsibilities like a human being. A bench of Justice Dipankar Dutta and Justice Satish Chandra Sharma issued notice to ED on the appeals of Kerala and Tamil Nadu governments.
SC to hear on ED's right to file writ petition
In these appeals, the order of the Kerala High Court has been challenged, in which the ED was confirmed to have the right to file a writ petition under Article 226. Article 226 deals with the power of the High Courts to issue certain writs.
Kerala High Court accepts ED's right to file writ
The Kerala High Court, in its order passed on September 26 last year, had upheld the single bench order, which had stayed the judicial inquiry into the ED probe into the gold smuggling case through diplomatic channels in 2020.
This judicial inquiry commission was formed following allegations that ED officials had tried to implicate politicians including the Chief Minister in the gold smuggling case by putting pressure on the accused.
The High Court had rejected the appeal of the Kerala government, in which the interim stay order of the single bench was challenged.
(With inputs from news agency PTI)
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