Gold smuggling case: Kerala HC orders enquiry into the leakage of classified papers from Kerala Police possession

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T Satisan

The gold smuggling case accused submitted the classified letter State Police Chief (SPC) sent to the District Police Chief (DPC) of Mallappuram, before the Kerala High Court.

High Court Division Bench has ordered for enquiry into the leakage of the classified letter regarding COFEPOSA Preventive Detention. The Division Bench consisted of Justice Anil K. Narendran and Justice P.G. Ajithkumar.

Central Economic Intelligence Bureau had ordered for further detention for gold smuggling case accused Kavanoor (Malappuram) native Fazalul Rehman and some others. But, as soon as Rehman got the clue, he went abroad. So, the authorities could not implement it.

In the mean time, Rehman filed a writ in the High Court challenging the order. He had included the copy of the SPC’s classified letter, before the court, along the other documents. Deputy Solicitor General S. Manu pointed out that SPC’s letter, the man who faces the order for Preventive Detention submitted, was marked “Secret”. Consequently, Court sought explanation from the Kerala Police. Malappuram DPC submitted an affidavit before court. It read that local Sub Inspector had given the copy of the ‘Detention Order’ by mistake to another accused when the detention order for him was being implemented. The gold smuggling case accused got the copy from that man. But, Deputy Solicitor General submitted before the Court that the accused who faces preventive detention got the secret document which was part of the preventive detention formalities was an extremely serious failure on the part of Kerala Police. S. Manu appeared on behalf of DRI.

Then the petitioner sought permission to withdraw his petition. Even though Court permitted to withdraw the petition, it opined that proper enquiry should be carried out into the leakage of the SPC’s classified letter. And, the Division Bench ordered for the enquiry. Court ordered that a senior officer not less than a Superintendent of Police should carry out the enquiry as per the SPC’s instructions; actions should be taken against the officers responsible for the leakage of the classified document. Police should submit the Action Taken Report before the Court before November 28. Some time back, Popular Front got the list of the RSS and BJP workers and leaders which police had prepared confidentially. As a result, Anas, a Thodupuzha (Idukki district) native police man was dismissed from the service.

The incident once again underlines, Jihadis have tightened their grip in police machinery.

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