KOCHI: Kerala High Court on Thursday set aside the order of a Single Judge allowing the Enforcement Directorate (ED) to issue fresh summons to Former Finance Minister Thomas Isaac and others as part of its investigation into a case relating to the floating of masala bonds by the Kerala Infrastructure Investment
Fund Board (KIIFB).
A Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen issued the order while allowing the appeal filed by Isaac and two officials of KIIFB seeking to quash Single Judge's order.
"We are not on the merit of the controversy involved in the matter. We are of the view that the order dated November 24 is not legally sustainable, hence set aside the order," said the Division Bench.
The Division Bench pointed out that Justice V G Arun passed a common interim order on October 10, 2022, after hearing both sides, directing ED to keep on hold sending further summons to Isaac, KIIFB chief executive officer and joint fund manager in the case. Thereafter matter came before Justice Devan
Ramachandran on November 24 this year. The single judge passed an order clarifying that the pendency of the writ petitions challenging the ED summons would not stand in the way of the ED issuing fresh summons to any person, including the writ petitioners, and continuing the investigation.
The Division Bench said that the order passed by Justice Arun was a detailed order assigning reasons for passing an interim order. "Therefore propriety demands without reviewing or modifying that order, another single judge cannot pass an order virtually modifying that order," said the Division Bench.
The appeal stated that the writ petition had practically become infructuous in all respects following the single judge's order. The findings and conclusions of the single judge are unsustainable in law. The writ petition was ripe for final hearing and was posted to November 24 for the purpose.
However, the Single Judge without adjudicating issues raised in the writ petition vacated the interim order. Hence, the appeal.