A Division Bench of the Kerala High Court has directed the State Police Chief to hold a detailed inquiry into how Fasalu Rahman from Malappuram, an accused in a gold smuggling case, secured a ‘top secret communication’ sent by the State Police Chief to the Malappuram District Police Chief.
The Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar also ordered that appropriate action be taken against the police officers who failed to maintain the secrecy of the communication, based on the inquiry report.
The action-taken report by the State Police Chief should be filed before the court on or before November 28, the court said.
The court issued the order on a petition filed by Fasalu Rahman seeking to quash the detention order issued against him under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974.
The Bench observed that it was a matter of serious concern that a copy of a ‘top secret communication’ reached the hands of the petitioner, who is the first accused in the file of the Directorate of Revenue Intelligence, Kochi.
When the petition came up for hearing, Deputy Solicitor General S. Manu submitted that the document produced along with the petition by the accused was a ‘top secret communication’ by the the State Police Chief, addressed to the District Police Chief, Malappuram, “which was copied using a mobile camera.” Mr. Manu pointed out that the detention order issued by the authority against the petitioner had not been executed so far, despite the best efforts as he was still absconding.
