Gold smuggling accused absconds after high secret detention order leaked; Kerala HC orders inquiry
5 min readBy PTI
KOCHI: The Kerala High Court has ordered the police to hold out an in depth inquiry to establish how a ‘high secret’ communication for detention of three accused in a smuggling case reached the palms of two of them, enabling them to abscond.
A bench of Justices Anil Ok Narendran and P G Ajithkumar mentioned preventive detention orders below the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act are to be executed by the state police and subsequently, it has to “maintain absolute secrecy” whereas carrying it out.
The courtroom mentioned that within the immediate case the reason provided by the police for the leak of the highest secret communication to the accused was “not at all satisfactory”.
“It shows the apathy of the concerned officers in the State Police, who are responsible for the execution of the detention order,” the bench mentioned.
It additionally famous that it was a matter of significant concern {that a} copy of the highest secret communication reached the palms of the accused.
The courtroom additional famous {that a} secret communication from the State Police Chief will not be a doc to be provided to the detenu.
“Once a detenu involves know that comparable orders have been issued towards his associates, the data in all chance will likely be shared with others they usually might abscond.
“Hence, the State Police Chief (SPC) has marked the communication as ‘Top Secret’.
However, it’s seen {that a} copy of that communication reached the palms of the petitioner and he has absconded,” the bench mentioned in its order.
It directed the SPC to “conduct a detailed enquiry through an officer not below the rank of Superintendent of Police as to how ‘Top Secret’ communication dated June 4, 2022 reached the hands of the petitioner (accused)”.
“Based on the report of the enquiry, applicable motion shall be taken towards the involved officers, who’re accountable for not sustaining absolute secrecy of that communication.
The motion taken report of the State Police Chief shall be filed earlier than this Court, on or earlier than November 28, 2022,” the bench mentioned.
The order got here on a plea moved by one of many absconding accused in search of quashing of the detention order and likewise to speak the detention order to him.
The plea was dismissed as withdrawn after the attorneys showing for the accused, on directions, determined to not press the reliefs sought within the petition.
However, in the course of the listening to of the matter, the Directorate of Revenue Intelligence (DRI), represented by Deputy Solicitor General of India Manu S, informed the courtroom that no reduction be granted to the accused because the detention order couldn’t be executed since he was absconding.
The police informed the courtroom that in accordance with an enquiry carried out by the Deputy Superintendent of Police, Special Branch into the leak of the highest secret doc, it was discovered that whereas serving the detention order on one of many three accused the confidential communication was handed over by mistake to the arrested individual.
“Since the petitioner is a co-accused in the crime, he might have somehow obtained a copy of the said (top secret) letter from the relatives of Alavi Urakkottil (arrested accused),” police had informed the courtroom.
KOCHI: The Kerala High Court has ordered the police to hold out an in depth inquiry to establish how a ‘high secret’ communication for detention of three accused in a smuggling case reached the palms of two of them, enabling them to abscond.
A bench of Justices Anil Ok Narendran and P G Ajithkumar mentioned preventive detention orders below the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act are to be executed by the state police and subsequently, it has to “maintain absolute secrecy” whereas carrying it out.
The courtroom mentioned that within the immediate case the reason provided by the police for the leak of the highest secret communication to the accused was “not at all satisfactory”.
“It shows the apathy of the concerned officers in the State Police, who are responsible for the execution of the detention order,” the bench mentioned.
It additionally famous that it was a matter of significant concern {that a} copy of the highest secret communication reached the palms of the accused.
The courtroom additional famous {that a} secret communication from the State Police Chief will not be a doc to be provided to the detenu.
“Once a detenu involves know that comparable orders have been issued towards his associates, the data in all chance will likely be shared with others they usually might abscond.
“Hence, the State Police Chief (SPC) has marked the communication as ‘Top Secret’.
However, it’s seen {that a} copy of that communication reached the palms of the petitioner and he has absconded,” the bench mentioned in its order.
It directed the SPC to “conduct a detailed enquiry through an officer not below the rank of Superintendent of Police as to how ‘Top Secret’ communication dated June 4, 2022 reached the hands of the petitioner (accused)”.
“Based on the report of the enquiry, applicable motion shall be taken towards the involved officers, who’re accountable for not sustaining absolute secrecy of that communication.
The motion taken report of the State Police Chief shall be filed earlier than this Court, on or earlier than November 28, 2022,” the bench mentioned.
The order got here on a plea moved by one of many absconding accused in search of quashing of the detention order and likewise to speak the detention order to him.
The plea was dismissed as withdrawn after the attorneys showing for the accused, on directions, determined to not press the reliefs sought within the petition.
However, in the course of the listening to of the matter, the Directorate of Revenue Intelligence (DRI), represented by Deputy Solicitor General of India Manu S, informed the courtroom that no reduction be granted to the accused because the detention order couldn’t be executed since he was absconding.
The police informed the courtroom that in accordance with an enquiry carried out by the Deputy Superintendent of Police, Special Branch into the leak of the highest secret doc, it was discovered that whereas serving the detention order on one of many three accused the confidential communication was handed over by mistake to the arrested individual.
“Since the petitioner is a co-accused in the crime, he might have somehow obtained a copy of the said (top secret) letter from the relatives of Alavi Urakkottil (arrested accused),” police had informed the courtroom.
