The Kerala High Court on Thursday directed the state government to file an affidavit explaining the action taken following an FIR over the attack on Enforcement Directorate (ED) officials after a raid at the residence of former Chief Minister Pinarayi Vijayan and his daughter on May 27.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M passed the order while hearing a Public Interest Litigation (PIL) filed by an advocate seeking CBI investigation into the incident.

Appearing for the petitioner, the counsel argued that the investigation was progressing at a "snail's pace" and that only around 10 persons had been arrested despite nearly 300 individuals being named in the FIR.

"The investigation on the matter is proceeding like a snail. Around 300 persons are mentioned in the FIR, and fewer than 10 persons are arrested. This is the first time in the history of Kerala. Assault is taking place against ED. This incident gives a wrong message to the entire society," the petitioner submitted.

The court, however, questioned the necessity of a CBI probe at this stage, observing that it would be premature to assume that the state police would fail to conduct a proper investigation.

The court further noted that the Supreme Court has already laid down the principles governing transfer of investigations to the CBI and that such directions are issued only in exceptional circumstances.

"The apex court has clearly stated the law on this... where the CBI should be allowed and where the CBI should not be allowed. CBI will be engaged when the entire state machinery is acting with the miscreants, thereby creating a possibility of an unfair investigation. These are the rarest cases. The entire principles have been laid down," the court orally remarked.

At this stage, Additional Solicitor General of India P Sreekumar sought time to obtain instructions, stating that the petitioner had raised allegations both against those who allegedly obstructed the ED officials and against the state government.

"Going through the grievance, they are both blaming the persons who obstructed the ED officials and the government also. One reason they are saying is that there are so many telephones, mobile phones, etc., and that is why the delay is caused. If something goes wrong, it can go against the investigation. To submit further, I must get instructions to ascertain whether the enforcement officials are against the investigating officer and whether they want a CBI investigation," the ASGI submitted.

Recording the submissions, the court directed the Government Pleader to file a statement detailing the steps taken pursuant to the FIR. The matter has been posted for further hearing after two weeks.
(With LiveLaw inputs)